A court has blocked an attempt by the leadership of the Kenya Union of Post Primary Education (KUPPET) to amend its constitution, halting a move that could have allowed officials to serve indefinitely.

The Employment and Labour Relations Court issued orders suspending the proposed changes, which sought to remove the mandatory retirement age of 65, sparking criticism that it would grant officials lifetime tenure.

The ruling overturned an earlier approval by the Registrar of Trade Unions, Anne Kanake, who had, in a letter dated March 13, confirmed that the amendments had followed due process.

However, in a session held in Nyeri on Wednesday, Justice Onesmus Makau issued conservatory orders suspending the amendments until a case challenging them is fully heard and determined.

The case was filed by Anthony Ndegwa Kinyua, a teacher from Nyeri, who argued that the proposed changes were undemocratic and would disenfranchise union members.

Justice Makau certified the case as urgent and scheduled it for mention on April 4 before the Principal Judge, as he is set to proceed on leave until May 5.

“That conservatory orders be and hereby granted in terms of prayer two of the motion,” Justice Makau ruled.

Kinyua moved to court after KUPPET’s leadership ratified the amendments during the union’s annual general meeting in Vihiga on December 20.

He stated that the changes violated fair labor practices by denying members leadership opportunities and limiting their participation in union governance.

In his petition, he cited several concerns, including procedural irregularities, lack of public participation, voting manipulations, intimidation of delegates, and high nomination fees.

He claimed that these irregularities compromised the democratic governance of the union and breached constitutional principles.

Additionally, he alleged that KUPPET’s National Executive Committee (NEC) did not provide proper notice to members as required under Article 25(iv) of the union’s constitution.

He further argued that the amendments were passed by acclamation instead of a secret ballot, contradicting Article 25(v) of the KUPPET Constitution and Section 34(2) of the Labour Relations Act, which requires a transparent and democratic voting process.

With the case now awaiting further deliberation, the court will determine whether the amendments were legitimate and whether the concerns raised about the process were valid before making a final ruling.