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ELRCDismissedPetition No. E013 of 2026· [2026] KEELRC 2428 (KLR)

Bosire v Kenya Union of Post Primary Education Teachers (KUPPET) & 3 others (Employment and Labour Relations Petition E013 of 2026) [2026] KEELRC 2428 (KLR)

Employment and Labour Relations Court
20 August 2026
10,383 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~42 min to read original · ~4 min brief

The bottom line

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The Employment Court refused to review its January ruling protecting teachers from 'agency fee' reclassification, dismissing KUPPET's application as a disguised appeal.

What this practically means

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Executive summary

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This ruling of the Employment and Labour Relations Court at Nairobi (Jemimah Keli, Judge) determines a notice of motion dated 16th March 2026 by which the 1st, 2nd and 3rd respondents (KUPPET, its Secretary General Akelo M.T Misori, and a third respondent) sought to vacate, discharge, review, vary and/or set aside the court's ruling of 30th January 2026, which had granted conservatory orders protecting the Petitioner and other teachers from being reclassified from bona fide union members to 'agency fee' status ahead of KUPPET elections. The applicants argued the ruling was based on a misapprehension of the TPay payroll system (which they said is controlled by the TSC and individual teachers, not the union), that the Petitioner concealed material facts, that the orders were incapable of performance, and that the ruling had spawned satellite litigation and threatened the union's national elections. The Petitioner opposed, characterising the application as a disguised appeal, an abuse of process, and improperly brought by parties in contempt of the very orders. The court applied Rule 74 of the ELRC (Procedure) Rules, 2024 and Section 16 of the ELRC Act, and the authorities in National Bank of Kenya Ltd v Ndungu Njau and Benjoh Amalgamated v Bidii Kenya Limited. It held the TPay facts had been canvassed and considered in the impugned ruling; the TSC Guidelines are public documents predating the ruling and cannot be new matter; no error apparent on the face of the record was shown; and the applicants' true complaint went to the merits, for which appeal was the proper route. Noting that a Nyeri court (Justice Stella Rutto) had independently reached similar findings on the illegal 'agency' classification, the court dismissed the application with costs to the Petitioner and directed that the ruling apply in Petition No. E053 of 2026.

Key legal issues

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Whether the review threshold under Rule 74 of the ELRC (Procedure) Rules, 2024 was met

Holding

No – none of the grounds in Rule 74(1) (new and important matter, error apparent on the face of the record, clarification, or other sufficient reason) was established.

Reasoning

The facts now relied on (the TPay system's operation and the TSC Check-off Guidelines) were canvassed before and considered by the court in the impugned ruling, as the ruling's own extracts show. The guidelines are public documents predating the ruling. The complaints go to the merits of the court's evaluation of evidence, which only an appeal can address. The applicants filed no appeal and instead sought to reargue the merits through review.

p. 39
02

Whether the application was a disguised appeal and abuse of process

Holding

Yes – the application invited the court to sit on appeal over its own decision and was held to be an abuse of court process.

Reasoning

The applicants' true grievance was with the court's findings on KUPPET's role in the TPay portal and the reclassification of members. Review jurisdiction is narrow and exceptional; a party dissatisfied with the merits must appeal. Multiplicity of satellite litigation and inconvenience in complying with the order do not amount to 'any other sufficient reason'. The court also noted that other judges (e.g. Justice Stella Rutto in Nyeri) had independently reached similar conclusions on the illegal 'agency' classification, refuting the claim of a lone erroneous ruling.

Legal principles established

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  • Review is not available where the applicant merely disagrees with the merits; dissatisfaction with findings of fact or law lies only in appeal.
  • Evidence or documents that existed and were within an applicant's knowledge before the order was made cannot constitute new and important matter for review.

Court orders

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  1. 1.The Notice of Motion dated 16th March 2026 seeking review/vacation/setting aside of the Ruling of 30th January 2026 is dismissed
  2. 2.Costs of the application awarded to the Petitioner
  3. 3.The Ruling to apply in Petition No. E053 of 2026
Jurisdiction invoked
Section 16 of the Employment and Labour Relations Court Act and Rule 74 of the Employment and Labour Relations Court (Procedure) Rules, 2024 (with Order 45 Rule 1 of the Civil Procedure Rules invoked by the parties)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Bosire v Kenya Union of Post Primary Education Teachers (KUPPET) & 3 others (Employment and Labour Relations Petition E013 of 2026) [2026] KEELRC 2428 (KLR)", Case Analysis (2026). Petition No. E013 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2428/eng@2026-08-20

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.