The Ministry of Labour has raised serious concerns over the Kenya Union of Post-Primary Education Teachers (KUPPET) after the union issued election notices for the 2026 polls using nomination fees and requirements drawn from a constitution whose implementation was barred by the courts earlier this year.
The Acting Registrar of Trade Unions, Ann K. Kanake, in a strongly worded letter dated December 4, 2025, questioned why the union had proceeded to peg nomination fees on the amended KUPPET Constitution despite an active stay order suspending its implementation.
“The union appears to be enforcing a constitution that the courts expressly froze in March 2025,” the Registrar warned, noting that no subsequent order had been issued lifting or varying that suspension.
According to the letter, the Employment and Labour Relations Court in Nyeri issued a stay on March 25 2025, in case Nyeri ELRCPET E005/2025, halting the implementation and enforcement of KUPPET’s amended constitution pending a full hearing and determination of the petition.
Kanake further referenced complaints submitted by teachers and stakeholders questioning the legality of the election notice.
The Registrar stated that the concerns raised were valid and required immediate clarification before her office could decide on the matter.
“Teachers feel aggrieved that nomination fees have been changed without lawful authority,” Kanake stated, adding that the union must clarify how it arrived at the contested charges.
READ ALSO:
14 best short courses Form 4 leavers can pursue before joining college or university
The Registrar reminded the union that her office had issued a circular on September 25 2025—Ref: ML & SP/TU/ELECTION/2026—clearly outlining pre-election requirements binding on all trade unions. Section Part 5(iii) of that circular provides that:
“Any amended constitutions whose implementation has been barred by a court order are not to be used for the elections unless the Court issues an alternative order.”
The Registrar said KUPPET’s notice directly contradicted this directive.
“Publishing election conditions from a suspended constitution is irregular, unlawful, and in direct conflict with both the Court order and our circular,” she wrote.
The Ministry also expressed concern that the union’s unilateral actions could compromise the fairness and legitimacy of the 2026 elections.
“Our intention is to safeguard a free and fair election cycle, not to leave members feeling unheard or disenfranchised,” Kanake emphasised.
The Registrar questioned what would happen if the union proceeded to charge new nomination fees now, only for the Court to later uphold the petition challenging the amended constitution.
“We must avoid a scenario where aspirants pay fees that are later declared invalid,” she cautioned.
In her communication, Kanake stressed that non-compliance with lawful court orders constitutes a breach of a statutory duty under the Labour Relations Act, a violation that may attract administrative sanctions against the union.
“Ignoring a court order is not a procedural error—it is a legal violation with consequences,” she stated.
The Registrar has given KUPPET until Monday, December 8 2025, to respond to the concerns formally and, if any, to provide evidence of court orders authorising the union to use the amended constitution.
“Our office will act decisively to protect members’ rights and ensure lawful, credible elections,” Kanake concluded.
By Joseph Mambili
You can also follow our social media pages on Twitter: Education News KE and Facebook: Education News Newspaper for timely updates.
>>> Click here to stay up-to-date with trending regional stories
>>> Click here to read more informed opinions on the country’s education landscape
