Robert Miano & another v Kenya Union of Post Primary Education Teachers Union & another
The bottom line
#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
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the petition is res judicata
- 2.If in the negative, whether the petition has merit
Key legal issues
#Whether the petition is res judicata
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
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.
Whether the petitioners' exclusion from national elections violated their rights
No violation; the petitioners were not delegates under the union constitution and the disqualification complied with section 34(1) of the Labour Relations Act
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.
Whether the nomination fees were excessive and discriminatory
The fees were agreed in accordance with the union constitution and the petitioners should have used internal mechanisms for redress
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.
Legal principles established
#- 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
#- 1.The petition is dismissed
- 2.Each party to bear their own costs
- 3.The file is marked as closed
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- 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
Relief refused
#Declaration that Articles 8.2, 13.0(a)(iii) and 14.0 of the KUPPET Constitution are unconstitutional
Petitioners were not delegates under the union constitution; disqualification complied with section 34(1) of the Labour Relations Act
Certiorari quashing the rejection letters and the national elections of 18th April 2026
Elections were conducted in accordance with the registered union constitution as required by law
Mandamus compelling fresh national elections
No violation established; elections were lawful
Declaration that nomination fees are excessive and discriminatory
Fees were agreed in accordance with the constitution; internal mechanisms under Article 25 not exhausted
General damages for infringement of rights
No discrimination proved; petitioners were not treated differently from other members
Costs
Each party to bear their own costs in the circumstances
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The petition is dismissed. The petitioners are members of the 1st respondent and have brought this petition to exercise their membership rights. Each party to bear their own costs in the circumstances.
The role of the court in election disputes of a union is limited to examination of compliance with section 34 of the Labour Relations Act. The court finds that the impugned process complied with the law.
The disqualification was thus in compliance with section 34(1) of the Labour Relations Act
They have not exhausted the forum under Article 25 of the KUPPET Constitution. The matter of whether or not the KUPPET union violates the Constitution of Kenya is premature before the court.
I find no merit in the petition. The claim of discrimination cannot arise, as the petitioners were not treated differently from other members of the union.
Issues in the judgment
#Petition styled as 2026 with judgment dated 25 September 2026; Labour Relations Act cited as both 2007 and 2017 in the pleadings
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.