Teacher moves to court seeking to overturn KUPPET national elections

A teacher from Longisa Boys High School in Bomet County has moved to court challenging the conduct and outcome of the Kenya Union of Post Primary Education Teachers (KUPPET) national elections held in April 2026.

Peter Kipkurui Bett is seeking orders to nullify the elections, arguing that several provisions of the union's constitution violated principles of fairness, equality and democratic participation.

In a judicial review case, JR No. E049 of 2026, filed at the Employment and Labour Relations Court, Bett has challenged the clearance of candidates, nomination fees, eligibility requirements and the procedures used in conducting the elections.

The case was initially filed at the Employment and Labour Relations Court in Kericho, before Judge Rika directed in April 2026 that it be transferred to Nairobi.

The respondents include KUPPET Secretary General Maurice Akelo Misori, the union, Edward Kaso Obwocha, the Commissioner of Labour and the Registrar of Trade Unions.

Bett wants the court to overturn decisions communicated through letters dated March 18 and 19, 2026, which rejected his notification to contest the position of National Secretary Secondary.

He also wants the court to nullify the April 18 elections, particularly the results for the National Secretary Secondary position, or alternatively to invalidate the entire National Executive Board (NEB) elections.

At the centre of his complaint is the process through which candidates were cleared to take part in the polls. Bett alleges that his candidature was rejected without proper consideration by the National Governing Council (NGC), and that he was not given minutes or evidence showing that the decision was reached at a properly constituted meeting.

He argues that the process violated Article 47 of the Constitution, which guarantees the right to fair administrative action.

Bett has also questioned the nomination fees imposed on candidates, claiming the structure disadvantages grassroots union officials seeking national leadership positions.

According to the court documents, candidates seeking the position of National Secretary Secondary are required to pay Sh300,000, while those contesting for National Chairperson, Secretary General and National Treasurer pay Sh500,000.

Bett says he had already paid Sh200,000 to contest for Branch Executive Secretary, and argues that the constitution does not clearly state whether candidates moving to national positions should pay the full nomination fee again or only the difference. He claims the arrangement could force some candidates to spend up to Sh500,000 seeking the same leadership position, compared with the Sh300,000 paid by sitting national officials.

The petitioner has also challenged provisions requiring Branch Executive Committee (BEC) members to resign at least 31 days before national elections if they wish to contest national positions.

He argues that the requirement disadvantages grassroots officials because they risk losing their positions if they fail to win, unlike sitting national officials who, according to him, retain their positions and benefits while campaigning.

Another issue raised in the petition concerns the eligibility of Obwocha to contest the position of National Secretary Secondary.

Bett has cited a Gazette Notice published on July 1, 2022, which listed Obwocha as a nominated Jubilee Party candidate for the Kitutu Masaba parliamentary seat in the August 2022 General Election. He argues that Obwocha's participation in the parliamentary contest raises questions about his employment status and continued eligibility for KUPPET membership.

The petitioner wants the court to compel the production of records on Obwocha's employment, resignation, payroll status and possible reappointment by the Teachers Service Commission (TSC).

Bett has also questioned whether the union's national leadership was constitutionally in office when the April elections were held. He argues that the five-year term of the NEB elected on April 3, 2021, expired on April 2, 2026, raising questions about the legality of decisions made by the outgoing officials and their participation in the subsequent elections.

The case also challenges several provisions of the KUPPET constitution, which Bett says contain conflicting requirements on delegate eligibility, nomination procedures and the participation of branch officials in national elections. He wants the court to declare the contested provisions unconstitutional, discriminatory and unlawful.

If successful, the petition could have implications for the union's leadership, future election procedures, nomination fees and membership requirements.

The court has not made a determination on the substantive allegations, which remain contested. On November 5, 2026, the court granted Bett leave to proceed with the judicial review proceedings, paving the way for the filing of the substantive application. He is now expected to present his full case for determination.

The outcome could provide clarity on the interpretation of KUPPET's constitution and the rules governing the election of trade union officials.