On October 30, 2025, a major ruling by the Employment and Labour Relations Court (ELRC) in Nairobi confirmed that key disciplinary provisions of the Kenya Union of Post-Primary Education Teachers (KUPPET) are “unconstitutional, illegal, null and void”.
In a dramatic turn, five senior union officials – Robert Miano, William Lengoiyap, Moses Kimwere, Peter Oluoch and Yvonne Mutindi Musyoka – were reinstated with effect from October 30.
In the case brought by the five officials against KUPPET’s national leadership, the court found that the union’s Constitution provisions empowering its National Executive Board (NEB) to suspend or expel elected officials violated both the Labour Relations Act and the Constitution of Kenya.
Specifically, the court held that the suspension/expulsion clause was unconstitutional, illegal, null and void.
Implications for KUPPET and union governance
This ruling raises serious questions about internal union democracy in KUPPET:
- Members may now challenge disciplinary actions taken by the union leadership if the provisions relied upon are invalid.
- The decision strengthens the rights of branch officials and rank-and-file members to be protected from arbitrary disciplinary sanctions.
- KUPPET will likely have to review its constitution (and amendments) to align with labour law and constitutional protections.
The ruling is a warning to all trade unions in Kenya: internal constitutions must comply with the Labour Relations Act, the Trade Unions Act and constitutional rights (such as fair labour practices and due process). Unions seeking to entrench leadership via suspension/expulsion without fair hearing may face judicial invalidation.
- The five officials will return to their offices effective 30 October 2025.
- KUPPET must clarify how it will handle any disciplinary processes going forward.
- Potential further litigation may follow to adjust the union’s constitution, governance rules and election processes.
- Members and branch officials should watch closely how the union leadership implements the ruling.
