Kangogo v County Government Workers Union (K) & 2 others (Constitutional Petition E026 of 2026) [2026] KEELRC 2427 (KLR)

The court applied Article 26.18 of the Union Constitution, which allows non-members to contest for General Secretary under section 31(4) of the Labour Relations Act. Having expressed interest and been issued nomination papers, the Petitioner had a stake in the elections. Additionally, locus standi is not a bar in a constitutional petition because every person has the right under Articles 22 and 258 to enforce constitutional rights, adopting the liberal approach in Mumo Matemu.

The CAB, the competent organ under the Union Constitution, resolved the change on 14th January 2026 and notified members on 19th January 2026, complying with the 28-day notice requirement. The Petitioner expressed interest only on 22nd January 2026, after the change, and continued with her nomination despite knowledge of the new date. The change accommodated Muslim members during Ramadhan, a legitimate reason, and Article 41(4) protects the union's autonomy over its own activities.

The amendment imposing the fee was endorsed by a Special National Delegates Conference on 23rd November 2024, before the election cycle, so it was not secret or arbitrary. The Petitioner, as a non-member, could not compare her position with that of members. She had also been dishonest in claiming membership. Having failed to prove the alleged arbitrariness, there was no basis to impugn the elections.

The court held that requiring personal details in election nomination forms is a universal electoral requirement, not unique to unions. Any limitation of the right to privacy was reasonable and justifiable in an open democratic society under Article 24, and there was no allegation that the data was at risk of abuse. The claim was therefore baseless.