The Employment and Labour Relations Court (ELRC) in Milimani has certified as urgent a petition challenging the conduct of the forthcoming Nakuru branch elections of the Kenya Union of Post-Primary Education Teachers (KUPPET), scheduled for February 7, 2026.
The case, Rotich vs Teachers Service Commission & Maurice Akelo Misori & 3 Others, was placed before Justice J.W. Keli on January 29, 2026. In his preliminary directions, the judge noted that the elections are imminent and that failure to address the grievances promptly could result in irreparable harm to union members.
The applicant has been granted leave to pursue Judicial Review orders aimed at halting the polls and quashing the election notice issued by the Nakuru branch. The petition cites alleged irregularities in the electoral process, arguing that legality, fairness, and compliance with the law must be resolved before the elections proceed.
At the heart of the dispute is the alleged withholding of key documents, including the official membership register and the union’s constitution. The petitioner claims repeated requests for access have been ignored, denying members the opportunity to verify voter eligibility and understand the rules governing the elections.
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The suit also contests the nomination fees imposed on aspirants, describing them as excessive, discriminatory, and unconstitutional. According to the applicant, the charges have locked out otherwise qualified teachers from vying for leadership positions, undermining the principles of equality and representation.
Further concerns raised include voter clipping, exclusion of eligible members from the register, lack of transparency, and logistical arrangements seen as disenfranchising sections of the membership. Critics argue that the timing and venue of the polls are skewed to favor certain groups, eroding confidence in the process.
Teachers and union observers have welcomed the court’s decision to treat the matter as urgent, saying it underscores the need to safeguard internal democracy within trade unions. They insist that unions must not only defend workers’ rights externally but also uphold democratic values internally.
As the case proceeds, teachers are calling on current KUPPET officials to respect the rule of law, comply with court directives, and guarantee a level playing field for all members. They argue that union leadership must derive legitimacy from free, fair, transparent, and inclusive elections.
Teachers maintain that union democracy must be protected, and the voice of every eligible member must count.
By Wesley Chelule
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