Two teachers sue KUPPET national treasurer, claim he is masquerading as a teacher
The petitioners allege that Njenga owns a financial institution named Fast Growth Credit Limited, through which he allegedly issues loans to the union at an exorbitant annual interest rate of 36 per cent, compared to prevailing bank rates of 14–35 per cent,
Kenya Union of Post Primary Education Teachers (KUPPET) National Treasurer Wicks Mwethi Njenga has been sued by two teachers over allegations he not a qualified teacher.
In their petition, William Lengoiyap and Yvonne Musyoka, claim that Njenga is an impostor as his name does not appear in the Teachers Service Commission (TSC) register .
In his affidavit, Musyoka said she was one of his proposers during the 2021 KUPPET virtual elections and among the documents provided to her by Njenga at the time was his national identity card.
The two have argued that for someone to vie in the KUPPET elections, they must be registered as a teacher.
They further contend that Section 2(1) of the TSC Act defines a teacher as someone who has been trained as a teacher, as provided for in law, and is registered as such.
“The first respondent, having been interdicted by the fourth respondent, does not qualify under the requirements set out in the third respondent’s Constitution of 2017 Article 7.0(a)(i) regarding good conduct, reputation, and authorisation to teach, and therefore should not have been cleared to contest in the third respondent’s elections,” their petition stated in part.
The teachers assert that Njengai’s name is absent from the TSC register, and they believe he was previously interdicted by the TSC, meaning he is not licensed or authorized to teach in Kenya, adding that he has been impersonating since 2006.
“The first respondent has been serving illegally as the National Treasurer from 2006 to date, which constitutes a continuing illegality,” they have claimed.
They have further accused KUPPET Secretary General Akello Misori of allegedly conspiring with the treasurer to be cleared for election despite having known that he did not qualify.
They argue that the TSC signed a recognition agreement with KUPPET to second teachers elected as national officials and executive secretaries to serve the union on a full-time basis.
Additionally, the petitioners allege that Njenga owns a financial institution named Fast Growth Credit Limited, through which he allegedly issues loans to the union at an exorbitant annual interest rate of 36 per cent, compared to prevailing bank rates of 14–35 per cent, and pays himself through this firm in an opaque manner.
They also accuse him of misusing union staff by engaging them to find customers for his private financial institution.
They aver that these actions, including the issuing of loans and misuse of staff, are facilitated by the cooperation of Misori.
The petitioners are seeking the court to declare that Njenga has been impersonating a teacher and does not meet the requirements of KUPPET’s Constitution of 2017 Article 7.0(a)(i), read together with the Teachers Service Commission Act Section 2(1), that Njenga’s elections in 2006, 2011, 2016, and 2021 were contrary to the KUPPET Constitution and therefore unlawful and that his position as National Treasurer is null and void.
They also want the court to declare that Njenga is serving illegally as KUPPET’s National Treasurer, and that there is a conflict of interest in his financial institution loaning money to the union, using union staff in private business, and charging high interest rates.
