The Employment and Labour Relations Court in Nakuru has suspended the Kenya Union of Domestic, Hotels, Education Institutions and Hospital Workers (KUDHEIHA) from holding its planned national elections, citing concerns of disenfranchisement of the union’s Secretary General
In a ruling delivered on February 18, 2026, Justice James Rika issued interim orders restraining the union and its officials from convening the conference that had been scheduled for February 20 at Tom Mboya Labour College in Kisumu.
The case was filed by union member Tonge Yoya, who argued that despite meeting all eligibility requirements including payment of nomination fees, he was barred from contesting the secretary-general position.
Yoya told the court that his complaints to the union went unanswered, forcing him to seek judicial intervention to protect his political and labour rights.
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Justice Rika noted that although the application dated January 10, 2026, was not urgent, it raised fundamental constitutional questions that required immediate attention. He warned that proceeding with the conference risked locking out the petitioner and his supporters from participating in the election of the secretary-general.
The judge underscored that Article 41(2)(c) of the Constitution guarantees union members the right to form, join, and participate in the activities of a trade union, including contesting and voting in internal elections.
“The petitioner and other members have a constitutional right to vie for any elective position and to vote,” the court observed, stressing that inclusivity and fairness must be upheld.
In addition to halting the conference, the court restrained the Registrar of Trade Unions from registering Form Q reflecting any elected officials, effectively freezing recognition of any outcomes from the disputed process. Justice Rika pointed to a circular issued by the registrar on September 25, 2025, which advised that union elections could lawfully be held between April 1 and June 30, 2026.
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The ruling means the union will have to wait until the dispute is resolved before organising a transparent and consultative election.
Justice Rika emphasised that the orders were issued on the strength of prima facie evidence, noting that failure to intervene would result in irreparable harm to members’ rights.
By Masaki Enock
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