Kipkorir v Secretary General, Kenya Union of Post Primary Education Teachers & 2 others (Cause E012 of 2021) [2025] KEELRC 3764 (KLR)
The bottom line
#Kenya's Employment Court dismissed a bid to overturn KUPPET's 2021 union elections, ruling that only union members can challenge union elections.
What this practically means
#Executive summary
#Key legal issues
#Whether Polo & Co. Advocates were properly on record under Order 9 Rule 9 of the Civil Procedure Rules
They were properly on record because the outgoing advocate, Mokono Ondieki, had died and instructions to him lapsed upon his demise, leaving no counsel on record
The Respondents argued Order 9 Rule 9 was mandatory and non-compliance was not curable by Article 159. The court accepted, uncontested, that the sole proprietor of the outgoing firm had died on 14th April, 2023. Since no consent of a deceased or non-existent outgoing firm could be obtained, the rule had no application, and the application was lawfully filed.
Whether the consent dated 24th March, 2021 should be set aside on grounds of fraud, collusion and misrepresentation
No; the application was dismissed because the Applicant lacked locus standi, the reliefs were overtaken by events, and the virtual elections were in any event authorised by the Registrar of Trade Unions
Although the Applicant's lack of instructions to the original advocate was accepted as her only valid complaint, that complaint lay against the deceased advocate, not the Respondents. As a non-member of the union she had no interest in the union's elections or constitution, nullification was a substantive cause for a separate suit, and elections held in 2021 could not be undone four years later.
Whether union elections conducted virtually were invalid for want of secret ballot
The prayer could not stand because the Registrar of Trade Unions had given permission for virtual elections on 30th March, 2021
The Applicant contended the consent procured virtual voting contrary to the union constitution and section 34(2)(b) of the Labour Relations Act. The court found that even absent the impugned consent, the virtual elections would have proceeded as scheduled pursuant to the Registrar's permission of 30th March, 2021, so nullity could not be premised on the consent alone.
Legal principles established
#- Instructions to an advocate lapse upon the advocate's demise, so where the advocate previously on record has died, Order 9 Rule 9 of the Civil Procedure Rules does not apply and new advocates may come on record without the consent or leave contemplated by that rule
- Only a member of a trade union in good standing has locus standi to seek nullification of the union's elections or constitution
- A court cannot grant orders that are not capable of being implemented; prayers rendered futile by subsequent events are overtaken by events
Court orders
#- 1.The application dated 19th March, 2025 is dismissed
- 2.Each party to bear its own costs of the application
- Jurisdiction invoked
- Original jurisdiction under the Labour Relations Act (trade union election disputes referable to the Industrial Court under section 34(4)); no specific constitutional article invoked for jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kipkorir v Secretary General, Kenya Union of Post Primary Education Teachers & 2 others (Cause E012 of 2021) [2025] KEELRC 3764 (KLR)", Case Analysis (2025). Cause No E012 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3764/eng@2025-12-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.