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ELRCDismissedConstitutional Petition No. E098 of 2026· [2026] KEELRC 2729 (KLR)

Robert Miano & another v Kenya Union of Post Primary Education Teachers Union & another

Employment and Labour Relations Court of Kenya at Nairobi
25 September 2026
JKJemimah Keli
6,173 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~25 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court dismissed a challenge to KUPPET's 2026 elections, confirming union elections must follow the union's registered constitution.

What this practically means

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Executive summary

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Two former branch officials of KUPPET (Laikipia and Busia), who lost their branch elections and were thus not delegates under the union constitution, petitioned the ELRC challenging Articles 8.2, 13.0(a)(iii) and 14.0 of the KUPPET Constitution. They sought declarations that the delegate-only eligibility rule and the nomination fee regime were unconstitutional and discriminatory, certiorari to quash the rejection of their candidature for Deputy Secretary General and National Chairman and the national elections of 18th April 2026, mandamus for fresh elections, prohibition, and damages. The 1st respondent maintained that the petitioners were not delegates, that the elections complied with the registered constitution as required by section 34(1) of the Labour Relations Act, and that the fee regime was uniform. The court framed two issues: res judicata and merit. It declined to determine res judicata because the objection was not pleaded and the petitioners were not parties to the cited Kinyua and Chelangat cases. On the merits, it held that the petitioners admitted they were not delegates, that their disqualification complied with section 34(1), that the court's role in union election disputes is limited to examining compliance with section 34, and that challenges to the union constitution should proceed through the Article 25 amendment mechanism, making the constitutional challenge premature. All prayers were found to lack merit. The petition was dismissed with each party bearing their own costs and the file marked as closed.

Key legal issues

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01

Whether the petition is res judicata

Holding

The court declined to decide on res judicata because the issue was not pleaded and the petitioners were not parties to the cited prior cases

Reasoning

Although the respondent argued that identical issues had been determined in the Kinyua and Chelangat cases, the court noted the res judicata objection was not directly raised in the replying affidavit and the petitioners were not parties to those suits, so the doctrine's requirement of same parties was not met.

p. 18
02

Whether the petitioners' exclusion from national elections violated their rights

Holding

No violation; the petitioners were not delegates under the union constitution and the disqualification complied with section 34(1) of the Labour Relations Act

Reasoning

The petitioners admitted they were not delegates, having lost their branch elections. Section 34(1) requires union elections to follow the registered constitution, which restricts candidacy to delegates. The court found the process lawful and the discrimination claim unsustainable since no members were exempt from the delegate or fee requirements.

p. 21
03

Whether the nomination fees were excessive and discriminatory

Holding

The fees were agreed in accordance with the union constitution and the petitioners should have used internal mechanisms for redress

Reasoning

The court found the union leadership set the fees in accordance with the constitution. The petitioners, as members bound by the union constitution, had not exhausted the amendment procedure under Article 25, rendering the constitutional challenge premature.

p. 22

Legal principles established

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  • Elections of officials of a trade union shall be conducted in accordance with their registered constitutions
  • The court's role in union election disputes is limited to examining compliance with section 34 of the Labour Relations Act
  • Members must exhaust internal union mechanisms, such as constitutional amendment procedures, before approaching the court on the fairness of union constitutional provisions

Court orders

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  1. 1.The petition is dismissed
  2. 2.Each party to bear their own costs
  3. 3.The file is marked as closed
Jurisdiction invoked
Articles 23(1) and 162(2) of the Constitution; rule 10 of the ELRC (Procedure) Rules, 2024 read with the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013

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, "Robert Miano & another v Kenya Union of Post Primary Education Teachers Union & another", Case Analysis (2026). Constitutional Petition No. E098 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2729/eng@2026-09-25

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