Two teachers have moved to court seeking the suspension of Kenya Union of Post Primary Education Teachers (KUPPET) National Treasurer Wicks Njenga Mwathi, accusing him of impersonating a teacher and illegally holding office.

William Lengoiyap and Yvonne Musyoka, through lawyer Benjamin Bongondo, have petitioned the High Court to issue conservatory orders restraining Mwathi from acting in any capacity as KUPPET treasurer pending the determination of the case. 

They argue that Mwathi is not a registered teacher under the Teachers Service Commission (TSC) and was unlawfully seconded to the union.

“Pending hearing and determination of the main suit, the court be pleased to issue a conservatory order suspending Mwathi from office as the National Treasurer of KUPPET, and restrain him from accessing, utilising, or interfering with the affairs, funds, or assets of KUPPET in any manner whatsoever,” the petition reads.

The petitioners claim Mwathi was interdicted and deregistered by the TSC and therefore does not qualify to contest or hold office under Article 7.0(a)(i) of the KUPPET Constitution, which requires national officials to be registered teachers of good standing.

Musyoka says she supported Mwathi’s candidacy in the 2021 KUPPET elections based on misleading information and was unaware that he was no longer a teacher.

 “Among the documents given to me by Njenga was his national ID card. He never disclosed that he was no longer registered with TSC,” she stated in her affidavit.

The petition further accuses the KUPPET Secretary-General of abusing office by clearing Mwathi to run in the elections despite being aware of his ineligibility.

Lengoiyap and Musyoka also raise concerns over Mwathi’s alleged financial dealings with the union. 

They claim he owns a private lending company, Fast Growth Credit Limited, which has been loaning funds to the union at an annual interest rate of 36 per cent, more than double prevailing market rates.

“The 1st Respondent is conflicted in being a union financier and loaning to the union through his company, while serving as National Treasurer,” the court papers state.

They allege that Mwathi uses KUPPET staff to source clients for his company, pays himself through the firm in an opaque manner, and benefits from the arrangement with the cooperation of the Secretary-General, who is a co-signatory to the union bank accounts.

The petitioners also say the Teachers Service Commission has refused to provide official documentation confirming Mwathi’s deregistration, despite several requests. 

They argue that TSC’s failure to release the records violates their constitutional right to access public information.

They are seeking a declaration that Mwathi has been impersonating a teacher and that his election as National Treasurer in 2006, 2011, 2016, and 2021 was unlawful. 

They also want the court to nullify his current position and declare that he is serving in violation of both KUPPET’s Constitution and the Teachers Service Commission Act.

Additionally, they want the court to compel KUPPET to appoint an independent auditor to examine all financial transactions between the union and Fast Growth Credit Limited and recommend recovery of any misappropriated funds.

The case is pending hearing.