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ELRCDismissedJudicial Review Application No. E019 of 2026· [2026] KEELRC 2723 (KLR)

Republic v Secretary General, KUPPET & 6 others; Nakuru KUPPET Branch Executive Committee (Interested Party); Vivian Chepkemoi Towett (Ex-parte Applicant)

Employment and Labour Relations Court of Kenya at Nairobi
25 September 2026
JKJemimah Keli
6,123 words in judgment
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The bottom line

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The Employment and Labour Relations Court dismissed a teacher's challenge to KUPPET's Nakuru branch elections because she used the wrong legal procedure.

What this practically means

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Executive summary

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The ex-parte applicant, a teacher and unsuccessful candidate for Gender Secretary of the Nakuru KUPPET branch elections held on 7th February 2026, sought judicial review orders of certiorari, prohibition and mandamus to quash the branch election process and results, restrain reliance on the resulting register of officials, halt national elections premised on the branch results, and compel fresh elections. She alleged failure to avail the membership register for verification, unlawful conversion of members to agency fee-paying status, voting by ineligible persons, bribery, tallying discrepancies, and improper supervision by the KUPPET National Chairman. The respondents contended the elections were properly conducted, that judicial review was the wrong procedure given the statutory framework for union election disputes, and that the suit was an abuse of process. The court framed the threshold question as whether judicial review was a proper vehicle. Following its own prior decision in Lengoyiap, it held the proper procedure was an election petition under section 34(4) of the Labour Relations Act as guided by the 2025 Practice Directions, and that leave to institute judicial review did not cure the defect. It further held that the validity of the same elections had already been examined and upheld by Justice Rika in Rono v Secretary-General, KUPPET, rendering the cause res judicata with no live controversy. The Notice of Motion dated 22nd March 2026 was dismissed with each party bearing its own costs, and the file marked closed.

Key legal issues

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01

Whether judicial review was a proper vehicle to challenge the union elections

Holding

Improper; the applicant should have filed an election petition under section 34(4) LRA and the 2025 Practice Directions, following the court's prior position in Lengoyiap.

Reasoning

The court reaffirmed its earlier holding in Republic v Registrar of Trade Unions; Lengoyiap that election disputes must be brought by election petition, which allows testing of evidence through cross-examination. Leave granted at Nakuru to file judicial review proceedings did not cure the defect. The court declined to depart from that position.

p. 20
02

Whether the merits of the Nakuru KUPPET branch election were already decided

Holding

Yes; Justice Rika in Rono v Secretary-General, KUPPET examined and upheld the validity of the same elections, rendering the cause res judicata with no live controversy.

Reasoning

In Rono (JR E002 of 2026) the same branch election was challenged on agency placement and discrimination grounds. Justice Rika found no disadvantage to teachers from agency status, rejected the discrimination claim as preposterous, and declined to quash the results or order fresh elections. Although that case was withdrawn on the eve of judgment, the merits were pronounced upon.

p. 22

Legal principles established

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  • The proper procedure to challenge a trade union election is an election petition under section 34(4) of the Labour Relations Act as guided by the 2025 ELRC Trade Union Election Disputes Procedure and Practice Directions, not judicial review.
  • Judicial review proceedings under Order 53 are limited to process, not merit.

Court orders

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  1. 1.The Notice of Motion dated 22nd March 2026 is dismissed
  2. 2.Each party to bear own costs
  3. 3.The file is marked as closed
Jurisdiction invoked
Leave granted under Order 53 of the Civil Procedure Rules for judicial review; Employment and Labour Relations Court jurisdiction over labour relations disputes

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, "Republic v Secretary General, KUPPET & 6 others; Nakuru KUPPET Branch Executive Committee (Interested Party); Vivian Chepkemoi Towett (Ex-parte Applicant)", Case Analysis (2026). Judicial Review Application No. E019 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2723/eng@2026-09-25

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