KUPPET officials move to court over ‘conflicting’ election rules

Two officials of the Kenya Union of Post Primary Education Teachers (KUPPET) have petitioned the Employment and Labour Relations Court, challenging what they describe as conflicting and discriminatory provisions in the union’s constitution that govern eligibility for its top leadership organ.

Vincent Mutua- a Nairobi official and director of NCBTA, a prominent team of online influencers in the capital — and George Mambo, widely known as ‘The Fumigator-In-Chief’ and ‘The Teachers’ President,’ are contesting clauses that set the criteria for candidates seeking election to the National Executive Board (NEB).

The dispute centers on Article 13.0 (2) and (3) of the union’s constitution. One clause requires that any aspirant for the NEB must be an elected delegate. Another compels branch officials wishing to run to resign at least 31 days before the election.

According to the petitioners, the provisions are mutually exclusive. They argue that once a branch official resigns in compliance with the 31-day requirement, they automatically lose their delegate status — rendering them ineligible to contest.

In their view, compliance with one clause inevitably results in violation of the other, effectively barring qualified members from seeking office.

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Mutua and Mambo contend that the disputed clauses contravene Sections 4(2)(c) and 34(2)(a) of the Labour Relations Act, which guarantee union members the right to participate in elections and prohibit discriminatory provisions in union constitutions.

They further cite Articles 27, 36, and 41 of the Constitution of Kenya, which safeguard equality, freedom of association and the right to engage in trade union activities.

The two have indicated they may seek conservatory orders to halt the upcoming national elections if the provisions are not amended, a move that could significantly disrupt the union’s electoral calendar.

Legal observers say the case could set a critical precedent on internal union democracy and constitutional compliance, with implications extending beyond KUPPET to other trade unions across the country.

By Kimwele Mutuku