NAIROBI, Kenya — The Acting Registrar of Trade Unions, Anne Kanake, has rejected the proposed changes to the Universities’ Academic Staff Union (UASU) Constitution, citing procedural issues and objections from union members.
In a letter dated December 20, 2024, addressed to the UASU National Secretary-General, Kanake highlighted the union’s failure to provide a schedule of changes against the old constitution and pointed out discrepancies in the amendment process.
“We are not able to proceed with the registration of the proposed changes as is. This office hereby requires that you respond to each of the objections raised by the objectors and furnish us with a schedule of all the amendments done on the constitution against the old constitution,” Kanake stated.
Kanake criticized the use of ratification/acclamation rather than a secret ballot for the amendments, which contradicts Article 37 of the UASU Constitution.
Objections to the changes were also formally submitted by UASU members from various universities.
In a letter dated December 11, 2024, they argued that the amendments lacked proper public participation, a cornerstone of the union’s decision-making process.
“This omission undermines both the principles of inclusivity and transparency, which are fundamental to the decision-making process within the union,” the letter read.
The members contended that the unilateral adoption of the Constitution by the National Secretary-General violated Section 23 of the UASU Constitution.
The proposed changes, including expanding elective positions and adopting Proportional Representation, aim to increase representation for marginalized regions.
However, these changes have faced significant pushback due to the perceived lack of procedural integrity.
This issue mirrors similar challenges faced by the Kenya Union of Post Primary Education Teachers (KUPPET), where Kanake declined amendments to their Constitution due to objections on procedural and substantive grounds.
Kanake emphasized the importance of adhering to constitutional provisions and the Labour Relations Act, signaling a strict regulatory approach to union governance and amendments.
In a letter dated December 20, 2024, addressed to the UASU National Secretary-General, Kanake highlighted the union’s failure to provide a schedule of changes against the old constitution and pointed out discrepancies in the amendment process.
“We are not able to proceed with the registration of the proposed changes as is. This office hereby requires that you respond to each of the objections raised by the objectors and furnish us with a schedule of all the amendments done on the constitution against the old constitution,” Kanake stated.
Kanake criticized the use of ratification/acclamation rather than a secret ballot for the amendments, which contradicts Article 37 of the UASU Constitution.
Objections to the changes were also formally submitted by UASU members from various universities.
In a letter dated December 11, 2024, they argued that the amendments lacked proper public participation, a cornerstone of the union’s decision-making process.
“This omission undermines both the principles of inclusivity and transparency, which are fundamental to the decision-making process within the union,” the letter read.
The members contended that the unilateral adoption of the Constitution by the National Secretary-General violated Section 23 of the UASU Constitution.
The proposed changes, including expanding elective positions and adopting Proportional Representation, aim to increase representation for marginalized regions.
However, these changes have faced significant pushback due to the perceived lack of procedural integrity.
This issue mirrors similar challenges faced by the Kenya Union of Post Primary Education Teachers (KUPPET), where Kanake declined amendments to their Constitution due to objections on procedural and substantive grounds.
Kanake emphasized the importance of adhering to constitutional provisions and the Labour Relations Act, signaling a strict regulatory approach to union governance and amendments.
