Kuppet hit by string of cases over leadership, elections

A string of court cases has exposed deep divisions within the Kenya Union of Post Primary Education Teachers (Kuppet), the country's second-largest teachers' union, with disputes over leadership elections, conflict of interest claims and branch polls increasingly landing in court rather than internal union mechanisms.

At the centre of the controversy is Kuppet national chairman Jeremiah Omboko Milemba, who is facing multiple legal challenges over his continued occupancy of the union's top leadership position while serving as Member of Parliament for Emuhaya Constituency.  

On August 17, 2026, the Employment and Labour Relations Court stayed a petition challenging the outcome of Kuppet's national elections held on April 18, 2026, pending the determination of an earlier case already before the court.  

In the ruling, Justice Monica Mbaru found that the issues raised in a petition at the Nairobi High Court substantially overlapped with matters already being litigated in earlier suits, particularly questions surrounding whether Mr Milemba can lawfully serve as Kuppet national chairman while simultaneously holding public and political offices.

The court relied on the doctrine that bars courts from hearing disputes that are substantially similar to matters already pending before another court of competent jurisdiction. Citing a Supreme Court decision, Justice Mbaru observed that the doctrine exists to prevent conflicting decisions and protect judicial resources.

According to court documents, petitioners in the various cases argue that MR Milemba's simultaneous roles as a sitting MP, a party official and Kuppet national chairman raise questions under the conflict-of-interest framework.

Earlier pleadings cited in the ruling seek declarations that he is "unconstitutionally and illegally" holding the union office and should vacate it.

The judge, however, did not determine the merits of those allegations, instead ordering the matter stayed until the hearing and determination of another case.

The leadership battle has unfolded alongside a separate stream of litigation involving Kuppet elections at branch level.

In Samburu County, union member William Lengoyiap challenged branch elections conducted on February 22, 2026, alleging violations of constitutional provisions, labour laws, voter rights and election procedures.

Among the claims were allegations that eligible members were denied voting rights, that membership registers were not properly submitted and that election safeguards, including ballot secrecy, were compromised.

However, the court dismissed the petition without hearing its substantive claims after finding it had been filed outside the strict timelines established under the Employment and Labour Relations Court (Trade Union Election Disputes) Procedure and Practice Directions, 2025.

Justice Jemimah Keli ruled that election petitions involving trade unions must be filed within 21 days of the declaration of results and that the Samburu petition, filed more than three months after the election, was time-barred.

In reaching her decision, the judge relied on several precedents, including a Supreme Court decision which established principles governing extension of time in election-related disputes.

"The petition was filed simultaneously with an application for extension of time," the court observed, concluding that leave ought to have been obtained before filing the petition.

Meanwhile, another long-running dispute involving Kuppet has taken an unusual turn after a litigant sought the recusal of Justice Jemimah Keli, accusing the judge of bias in matters involving the union.

In the case, former Kuppet National Treasurer Ronald Kiprotich Tonui alleged that the judge had previously made decisions favourable to Kuppet and argued that a fair-minded observer could conclude there was a possibility of bias.

He also cited earlier matters involving the union and questioned some judicial decisions.

Kuppet opposed the application, arguing that dissatisfaction with judicial decisions could not form a basis for recusal and pointing to Supreme Court authorities that establish a strong presumption of judicial impartiality.  

In a strongly worded ruling delivered in July 2026, Justice Keli dismissed claims of bias, stating that no evidence had been presented to demonstrate prejudice or partiality.

"The applicant's apprehension of a predetermined mind on the part of the court is totally baseless," the judge ruled. She further noted that allegations against the court were unsupported and amounted to a collateral challenge to previous judicial decisions.

The judge also cited landmark decisions which established the objective test for judicial recusal and emphasised judicial independence.  

However, despite rejecting the allegations, Justice Keli referred the matter to the principal judge for further directions, noting concerns about maintaining public confidence in the administration of justice.

The legal row traces back to an intense, internal factional war within the teachers' union that landed in court as early as 2016. 

Bungoma nomination row

In another case, more than 100 officials co-opted into the Bungoma branch of Kuppet have been barred from assuming office, pending the hearing of a petition challenging their nomination. 

Justice David Nderitu ruled that only the 14 officials elected during the January 24, 2026 branch elections and three duly nominated women representatives should remain in office until the case is determined.  

The petition was filed on February 13, 2026 by 26 teachers led by Mr Masinde Sangura against Bungoma Kuppet chairman David Sichei Chemosit, Executive Secretary Augustine Kundu Luketelo and Assistant Executive Secretary Ferdinand Wamalwa.  

The teachers asked the court to declare that their rights to fair representation had been violated, cancel what they termed illegal nominations and order fresh nominations in line with the Kuppet constitution.  

In a ruling delivered in June 2026, the judge found that the petitioners had established a prima facie case deserving protection and ordered that the 14 elected officials and the three women representatives remain in office, while all the contested nominees stay out of office until the petition is heard and determined.

And on June 26, 2026, four teachers from Migori County lost a court battle against Kuppet after alleging that members from the Kuria region had been systematically excluded from union leadership positions. 

The teachers argued that a long-standing arrangement guaranteeing representation of Kuria members in the Migori branch leadership had been abandoned, leading to discrimination and marginalisation in the union's 2026 branch elections.

In dismissing the case, Justice Monica Mbaru found that the teachers had failed to prove that they were discriminated against or that they belonged to a marginalised group within the union.

The court held that losing an election does not amount to discrimination and noted that the Memorandum of Understanding relied upon by the petitioners was not a legally enforceable document. 

Consequently, the court upheld the validity of the Migori branch elections and dismissed the petition with costs to Kuppet and the other respondents.

The string of cases illustrates how Kuppet's internal disputes have expanded into a broader legal contest involving union governance, election procedures, leadership eligibility and judicial process.

While courts have yet to render a definitive ruling on the substantive question of whether Milemba can continue serving as Kuppet chairman while holding political office, the outcome of the pending cases is likely to have significant implications for trade union leadership in Kenya.

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