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ELRCDismissedELRC Petition No. E099 of 2026· [2026] KEELRC 2535 (KLR)

Wilson Sossion & Martha A. Omollo v Kenya National Union of Teachers (KNUT) & 3 others

Employment and Labour Relations Court of Kenya
23 September 2026
JGJacob Gakeri
5,919 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court dismissed Wilson Sossion's bid to contest the KNUT Secretary General seat, ruling that union constitutions—not statutory permission—control who can run.

What this practically means

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Executive summary

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The 1st Petitioner, former KNUT Secretary General deregistered as a teacher by the TSC, and the 2nd Petitioner, a teacher who lost a branch election, petitioned to be declared eligible to contest the national positions of Secretary General and Deputy Secretary General in KNUT elections scheduled for 3rd April 2026, and sought conservatory orders. They relied on Section 31(4)(a) of the Labour Relations Act, arguing the 1st Petitioner remained a member having remitted Kshs. 72,000/= in dues, and complained of threats to bar the 2nd Petitioner as a non-delegate, the siting of elections in Kisumu during Easter, and delayed branch elections. The Respondents countered that eligibility is governed by the KNUT Constitution and Article 41(4) autonomy; that the deposit did not revive membership; that the 2nd Petitioner proved no delegate status; that internal remedies were not exhausted; and that the Petition was moot, the elections having been held. The court found the elections had concluded and confined itself to the import of Sections 31 and 4(a) of the Act. Applying harmonious construction, it held that Section 31(4)(a) confers no absolute right to contest; Section 34 leaves election mechanics to the union constitution, protected by Article 41(4) autonomy. The Petitioners failed to prove membership compliance, delegate status or any rights violation. The Petition was dismissed with each party bearing its own costs.

Key legal issues

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01

Effect of Section 31(4)(a) of the Labour Relations Act on eligibility of a non-member to vie for general secretary

Holding

The provision is not an absolute entitlement; the union's constitution and its autonomy under Article 41(4) govern eligibility and election mechanics

Reasoning

The court read Sections 31 and 34 of the Labour Relations Act together. Section 34 donates power to trade unions to conduct elections per their registered constitutions, and Article 41(4) protects union autonomy. Thus even a person not engaged in the sector must satisfy the union constitution's membership and nomination requirements; the 1st Petitioner's deregistration and non-membership disqualified him.

p. 21
02

Mootness of the Petition after the elections were held

Holding

All issues were overtaken by events; only the interpretation of Sections 31 and 4(a) remained live and was resolved against the Petitioners

Reasoning

It was undisputed that the elections were held on 3rd April 2026 and offices filled. The court confined itself to the interpretive question on Section 31(4)(a), which it answered against the 1st Petitioner, and found no sustainable ground to contest the concluded elections.

p. 19
03

Evidentiary burden on the Petitioners

Holding

The Petitioners failed to discharge the burden of proving membership compliance, delegate status and violation of rights

Reasoning

Applying Sections 107, 108 and 109 of the Evidence Act, the court held that he who alleges must prove. The 1st Petitioner's lump-sum deposit did not revive membership per the ruling of 1st April 2026, and the 2nd Petitioner gave no evidence of delegate status; neither demonstrated any violation of their rights.

p. 21

Legal principles established

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  • Section 31(4)(a) of the Labour Relations Act does not confer an absolute right on a non-member to contest the office of general secretary; the candidate must still comply with the union's constitution
  • Trade unions enjoy constitutional autonomy under Article 41(4) to determine their own administration, programmes and activities, including election mechanics under Section 34 of the Labour Relations Act

Court orders

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  1. 1.The Petition dated 26th March 2026 is dismissed
  2. 2.Parties shall bear their own costs
Jurisdiction invoked
Article 162(2) of the Constitution (ELRC jurisdiction over labour and employment relations disputes); Labour Relations Act

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, "Wilson Sossion & Martha A. Omollo v Kenya National Union of Teachers (KNUT) & 3 others", Case Analysis (2026). ELRC Petition No. E099 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2535/eng@2026-09-23

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