The Kenya Union of Post Primary Education Teachers (KUPPET) is facing renewed legal and regulatory pressure after a petitioner accused the union of unlawfully using a suspended amended constitution to guide preparations for its 2026 branch elections.
The allegations, which have intensified internal tensions, were raised in a letter sent to the Registrar of Trade Unions (RTU) by Nyingi Wanjiru & Company Advocates on November 27, 2025.
The law firm, representing petitioner Anthony Ndegwa Kinyua, argues that KUPPET violated clear court orders by issuing new election regulations and notices on 26 November 2025.
According to the advocates, the Employment and Labour Relations Court (ELRC) suspended the implementation and enforcement of the amended KUPPET Constitution on 25 March 2025, pending the resolution of an ongoing petition.
The suspension was extended on June 18, 2025 and, to date, no alternative orders have been issued. This means that the 2017 KUPPET Constitution remains the only legally valid document governing union operations.
The advocates further cite a circular issued by the Registrar of Trade Unions on September 25, 2025, which clearly directed all unions to refrain from using amended constitutions barred by court orders for any election activity.
The circular stated that such documents “are not to be used for elections unless the Court issues an alternative order.”
The letter alleges that KUPPET ignored this directive, instead adopting election rules, eligibility criteria, and timelines that are drawn from the suspended amended constitution.
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One of the most contentious issues is the introduction of new nomination fees that sharply differ from those in the 2017 Constitution.
According to the notices, aspirants for Branch Executive Secretary positions must now pay Ksh200,000, Branch Chairperson candidates Ksh100,000, and other branch aspirants Ksh50,000.
In contrast, the 2017 Constitution stipulates Ksh50,000 for Branch Executive Secretary, Ksh 10,000 for other branch offices, and Ksh 250,000 only for national positions.
The advocates argue that these new amounts originate exclusively from the suspended constitution, rendering them unlawful.
To address these alleged violations, the petitioner has urged the Registrar to immediately intervene.
The letter requests that KUPPET be ordered to withdraw the disputed notices, suspend all election activities anchored on the suspended constitution, and conduct the 2026 elections strictly under the provisions of the 2017 Constitution.
It further calls for County Labour Officers to be instructed not to facilitate any process arising from the invalidated document and for KUPPET to provide updated membership registers for verification.
The advocates also disclosed that a contempt application has already been filed against KUPPET’s leadership for defying existing court orders.
They warn that unless urgent remedial action is taken, the legitimacy and credibility of the 2026 KUPPET elections may be severely compromised.
By the time of publication, KUPPET had not yet responded to the allegations.
By Philip Koech
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