The Employment and Labour Relations Court has granted a Bomet teacher leave to challenge the national elections of the Kenya Union of Post-Primary Education Teachers (KUPPET), held on 18 April 2026. The court has not decided on any of the allegations, which remain contested.
Peter Kipkurui Bett, a teacher at Longisa Boys High School, is the petitioner in Judicial Review No. E049 of 2026. The court granted him leave to proceed on 5 November 2026, which allows him to file his substantive application. He is now expected to present his full case.
What Bett is asking the court to do
- Overturn decisions in letters dated 18 and 19 March 2026 that rejected his notification to contest the position of National Secretary Secondary.
- Nullify the 18 April elections, particularly the result for National Secretary Secondary, or alternatively set aside the whole National Executive Board (NEB) election.
- Declare the contested provisions of the KUPPET constitution unconstitutional, discriminatory and unlawful.
- Order the production of records on the employment status of one of the elected officials.
The grounds in his petition
Bett argues that parts of the union’s constitution breach fairness, equality and democratic participation. His specific claims are:
- Clearance of candidates: He says his candidature was rejected without proper consideration by the National Governing Council (NGC), and that he was given no minutes or evidence of a properly constituted meeting. He says this breached Article 47 of the Constitution on fair administrative action.
- Nomination fees: Candidates for National Secretary Secondary pay Sh300,000, and those for National Chairperson, Secretary General and National Treasurer pay Sh500,000. He says he had already paid Sh200,000 to contest for Branch Executive Secretary, and that the constitution does not say whether branch officials moving to national posts pay the full fee again or only the difference. He argues the fees disadvantage grassroots officials.
- Resignation rule: Branch Executive Committee members must resign at least 31 days before the national elections if they want to contest national posts. He says this exposes grassroots officials to losing their posts if they fail to win, while sitting national officials keep theirs while campaigning.
- Eligibility of an elected official: Bett cites a Gazette Notice of 1 July 2022 that listed Edward Kaso Obwocha as a nominated Jubilee Party candidate for the Kitutu Masaba parliamentary seat in the August 2022 General Election. He argues this raises questions about Obwocha’s employment status and eligibility for KUPPET membership, and wants records on his employment, resignation, payroll status and any reappointment by the Teachers Service Commission (TSC).
- Term of office: He says the five-year term of the NEB elected on 3 April 2021 ended on 2 April 2026, which raises questions about the outgoing officials’ decisions and their participation in the April polls.
Who is named
The respondents are KUPPET Secretary General Maurice Akelo Misori, the union, Edward Kaso Obwocha, the Commissioner of Labour and the Registrar of Trade Unions.
How the case reached this stage
The case was first filed at the Employment and Labour Relations Court in Kericho. Justice Rika directed in April 2026 that it be moved to Nairobi.
Obwocha was declared winner of the National Secretary Secondary post at the 18 April elections.
Why it matters
If Bett succeeds, the outcome could affect the union’s leadership, future election procedures, nomination fees and membership rules. A ruling could also clarify how KUPPET’s constitution is interpreted and how trade union officials are elected.