With the recent Employment and Labour Relations Court (ELRC) decision striking down suspension/expulsion clauses in the Kenya Union of Post-Primary Education Teachers (KUPPET), attention now shifts to the union’s upcoming election cycle, anticipated in 2026. This ruling may reshape how the union is governed, contested and represented.
Election landscape & context
KUPPET is preparing for branch elections (early 2026) and national elections (mid-2026). Against this backdrop, the reinstatement of senior officials and the nullification of certain constitutional clauses usher in a new era of scrutiny.
Notably, the Registrar of Trade Unions recently barred KUPPET from using amended constitutions for 2026 elections unless certain court orders are lifted.
How the ruling affects election dynamics
- Nomination and eligibility rules: The court decision may invalidate rules that gave unfair advantage to incumbents or restricted participation through suspension clauses.
- Internal governance credibility: Members may demand greater transparency and challenge entrenched leadership.
- Branch empowerment: With branch officials reinstated and empowered, local branches may assert more influence in elections.
- Constitutional reform: KUPPET is likely to undertake comprehensive reforms of its constitution before elections to ensure legal compliance.
Key issues for teacher members
- Awareness: Members should scrutinise election rules, nomination fees, eligibility criteria, ensuring they align with constitution and law.
- Representation: The outcome of the election will determine how effectively teachers’ interests are defended (CBA negotiations, working conditions, policy advocacy).
- Branch engagement: Local branch members have renewed incentive to engage actively, given the ruling’s emphasis on fair processes.
Lessons for other unions & stakeholders
- The ruling signals to trade unions that internal democracy matters as much as external negotiations.
- Education policymakers and the employer (Teachers Service Commission) will observe the outcome, as a strengthened union may lead to more robust representation.
- Teachers should be aware that union governance impacts how well their interests are served.
Take-away: The ruling ahead of 2026 elections places KUPPET at a governance crossroads — members, branch officials and voters all have a renewed stake in ensuring transparent, fair and inclusive processes.
