Junior school (JS) teachers seeking to establish their own trade union have suffered a legal setback after the Employment and Labour Relations Court struck out their petition challenging the refusal to register the proposed Kenya Junior School Teachers Union (KEJUSTU).
In a ruling reported on Sunday, October 18, 2026, Justice Monica Mbaru held that the petitioners had used the wrong legal procedure by filing a constitutional petition instead of pursuing the appeal mechanism provided under Section 30 of the Labour Relations Act.
The judge said the teachers had not demonstrated any exceptional circumstances to justify bypassing the statutory dispute-resolution process.
The decision leaves the teachers’ immediate bid to establish a separate union unsuccessful, maintaining the existing representation arrangements involving the Kenya National Union of Teachers (KNUT) and the Kenya Union of Post-Primary Education Teachers (KUPPET), which opposed the petition.
Why the teachers wanted their own union
The petition was filed by teachers who argued that junior school educators have distinct professional qualifications, workplace challenges and career concerns that require independent representation.
The petitioners said their proposed union would represent the interests of more than 100,000 teachers across the country.
They challenged the Registrar of Trade Unions’ decision to reject their application, arguing that the existing unions did not adequately address the specific concerns of junior school teachers.
The teachers also sought legal declarations that the refusal to approve their proposed union violated their rights to freedom of association and equal treatment.
The Registrar of Trade Unions rejected the application on July 1, 2026, arguing that junior school teachers were already represented by KNUT and KUPPET.
The registrar warned that registering another union could trigger inter-union rivalry and competition for membership within the education sector.
The petitioners subsequently approached the court, seeking to overturn the decision and secure permission to establish their own organisation.
However, Justice Mbaru ruled that they should first have challenged the registrar’s decision through the appeal procedure prescribed by law.
What KNUT and KUPPET told the court
KUPPET opposed the petition, maintaining that junior school teachers fall within its post-primary education constituency.
The union’s Secretary-General, Akello Misori, told the court that KUPPET had amended its constitution in 2024 to provide for junior school teachers’ representation at branch and national levels.
KUPPET argued that the petitioners had failed to demonstrate that the existing representation arrangements were inadequate or that the statutory appeal process could not address their grievances.
KNUT also opposed the case, maintaining that its mandate to represent teachers had not been extinguished by the transition to the Competency-Based Education system.
The union argued that teachers deployed to junior schools remained within its representation framework and that the transition from the 8-4-4 system did not automatically remove them from its constituency.
Court cites existing representation
In striking out the petition, the court noted that junior school teachers already had elected representatives within KUPPET at branch and national levels.
The judge also referred to Section 31(2) of the Labour Relations Act, which provides that a person cannot serve as an official of more than one trade union or employers’ organisation.
The court held that the petitioners had not established sufficient grounds to bypass the statutory procedure for challenging the registrar’s decision.
The petition was struck out, leaving the proposed union without the registration approval sought through the case.
The ruling is a setback for the teachers’ immediate registration bid, but it should not be interpreted as a blanket declaration that junior school teachers can never seek independent union representation.
The court’s central finding concerned the legal procedure used to challenge the registrar’s refusal. The petition was struck out because the teachers had not justified bypassing the statutory appeal mechanism.
The decision therefore does not resolve every question surrounding the constitutional rights of teachers, the adequacy of existing union representation or the future of junior school teachers’ professional organisation.
Any further attempt to challenge the registrar’s decision would need to comply with the applicable legal procedures and requirements.
A wider dispute over junior school teachers’ future
The case comes amid continuing disagreements over the professional identity, representation and career progression of junior school teachers under Kenya’s Competency-Based Education system.
Teachers have raised concerns about promotions, leadership opportunities, working conditions and the need for a career structure that recognises the distinct responsibilities of junior school educators.
The dispute has also exposed differences between KNUT and KUPPET over the administration and future structure of junior schools.
For teachers who want an independent union, the latest ruling means that their campaign faces another legal hurdle. The next steps will depend on whether they pursue the statutory appeal process and what decisions emerge from the relevant authorities.
For now, the judgment leaves the existing union representation arrangements in place while the wider debate over junior school teachers’ professional interests continues.
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