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ELRCPartially AllowedNot stated in the excerpt (petition as amended dated 06.12.2024)· [2025] KEELRC 2949 (KLR)

Musyoka v Kenya Union of Post – Primary Teachers Machakos Branch & 10 others; Registrar of Trade Unions (Interested Party) (Petition E008 of 2024) [2025] KEELRC 2949 (KLR)

Employment and Labour Relations Court
30 October 2025
7,491 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~30 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court ruled KUPPET cannot expel members, restoring Yvonne Musyoka to her union post after an unfair disciplinary process.

What this practically means

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Executive summary

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The petitioner, Vice-Chairperson of KUPPET Machakos Branch, petitioned the Employment and Labour Relations Court challenging her expulsion from the union following her conduct at the Annual Delegates Conference of 16.12.2023, alleging violations of Articles 10, 25, 27, 28, 36, 41, 47 and 50 of the Constitution and the Fair Administrative Action Act, 2015. She sought declarations, certiorari to quash the disciplinary decisions, reinstatement to membership and office, an injunction, and damages. The respondents raised a preliminary objection that the petition was premature for want of exhaustion of internal appeal mechanisms and failed the Annarita Karimi Njeru threshold. The Court found the petition was not premature because the NGC had resolved that disputes be settled through conciliation, and the appeal path was conficted. On the merits, the Court held that the expulsion clause in Article 21.2.0 of the union constitution is an unconstitutional limitation of the rights to fair labour practices and freedom of association under Articles 41 and 36 as read with Article 24, since no statute authorises expulsion and it is the member, not the union, who may end membership. The disciplinary process was also found procedurally and substantively unfair: an ad hoc conficted committee was used, minutes of the meeting were never produced, and the misconduct fell for the chairperson's reprimand under Article 20.1.0(h), rendering the process double jeopardy. Damages were refused as the reinstatement orders restored the status quo and no submissions guided quantum. Judgment was entered for the petitioner with declarations, certiorari quashing the impugned letters, reinstatement, an injunction, and costs against the respondents jointly or severally.

Key legal issues

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01

Exhaustion of internal remedies

Holding

The petition was not premature; the NGC had resolved disputes be withdrawn and pursued through conciliation, and the appeal path was conficted since the Secretary General who was to cause the appeal to be heard was seriously conficted

Reasoning

The Court found that the NGC's decision of 29.05.2024 that parties reconcile was final and undisputed; continuing the disciplinary process was contrary to it. Further, the petitioner questioned the legality of the entire procedure, which fell outside the internal process, and the constitution offered no alternative path given the Secretary General's confict.

p. 9
02

Constitutionality of expulsion clause in union constitution

Holding

Article 21.2.0 of the KUPPET constitution permitting expulsion is an unconstitutional limitation of Articles 41 and 36 rights as read with Article 24

Reasoning

Article 24 permits limitation of rights only by statute; the First Schedule to the Labour Relations Act does not mandate expulsion provisions and the Act nowhere authorises expulsion. Instead section 4 gives the member the right to leave the union. Expulsion is therefore unconstitutional and the expulsion of the petitioner was excessive and harsh.

p. 12
03

Fairness of the disciplinary process and evidential sufficiency

Holding

The expulsion was procedurally and substantively unfair, unlawful and unconstitutional; the misconduct was not established because minutes of 16.12.2023 were not produced and an ad hoc conficted committee was used

Reasoning

The union constitution requires confirmed minutes as conclusive evidence of business transacted, but respondents failed to exhibit minutes of 16.12.2023. The ad hoc committee suffered unrebutted confict of interest, and under Article 20.1.0(h) any misconduct at the meeting fell for the chairperson's reprimand, making the disciplinary process double jeopardy.

p. 14
04

Violation of rights against torture and inhuman treatment

Holding

The continued subjection of the petitioner to the graphic events of her assault by the Secretary General violated her right to freedom from torture, inhuman and degrading treatment

Reasoning

The Court granted the declaration sought by the petitioner regarding the graphic events of her assault by the Secretary General on 16.12.2023 as part of the judgment entered in her favour.

p. 15

Legal principles established

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  • The right to join and continue as a trade union member is foundational and includes the right not to be expelled
  • Expulsion from a trade union is not authorised by the Labour Relations Act and an expulsion clause in a union constitution is an unconstitutional limitation of Articles 41 and 36 rights
  • A union member, not the union, holds the right to terminate membership
  • A trade union constitution constitutes a contract between the union and its members and must comply with the Constitution and statute

Court orders

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  1. 1.Declaration that the failure by the Secretary General to investigate the allegations and table a report before the NEB violated the petitioner's rights under Articles 10, 25, 47 and 50 and section 4 of the Fair Administrative Action Act, 2015
  2. 2.Declaration that the process culminating in the letters dated 11.11.2024 and 14.11.2024 was illegal, unprocedural and null and void
  3. 3.Declaration that the impugned proceedings were arbitrary, capricious and in violation of natural justice and fair hearing
  4. 4.Declaration that the expulsion did not meet the criteria under Article 24 as an unreasonable and unjustified limitation of Article 41 rights
  5. 5.Declaration that Article 21.2.0 of the union constitution providing for expulsion of members is unconstitutional and null and void
  6. 6.Declaration that subjecting the petitioner to the graphic events of her assault by the Secretary General violated her right to freedom from torture, inhuman and degrading treatment
  7. 7.Order of certiorari quashing the show cause letter dated 30.12.2024
  8. 8.Order of certiorari quashing the decisions communicated by letters dated 26.11.2024 and 28.11.2024
  9. 9.Order reinstating the petitioner to union membership
  10. 10.Order reinstating the petitioner as Vice-Chairperson KUPPET Machakos Branch with full benefits, monthly allowance and operation funds until her full term or she is not re-elected
  11. 11.Order of injunction restraining the respondents from preventing, obstructing or interfering with the petitioner's work as Vice-Chairperson
  12. 12.Respondents to jointly or severally pay the petitioner's costs of the petition
Jurisdiction invoked
Constitutional petition under Articles 10, 24, 25, 27, 28, 35, 36, 41, 47 and 50 of the Constitution of Kenya 2010 and section 4 of the Fair Administrative Action Act, 2015

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, "Musyoka v Kenya Union of Post – Primary Teachers Machakos Branch & 10 others; Registrar of Trade Unions (Interested Party) (Petition E008 of 2024) [2025] KEELRC 2949 (KLR)", Case Analysis (2025). Not stated in the excerpt (petition as amended dated 06.12.2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2949/eng@2025-10-30

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