Labour ministry warns Kuppet on poll laws as union stays put

Fresh unrest is brewing within the Kenya Union of Post-Primary Education Teachers (Kuppet) following a contentious move to initiate its next election cycle under laws currently suspended by the courts.

The Ministry of Labour has now cautioned the union against what it terms an illegal and premature start to the 2026 elections.

In a letter dated December 4 (Ref: TU/136/5/12), Acting Registrar of Trade Unions Ann Kanake said her office had received numerous complaints from teachers questioning the legality of the notices issued in November.

The constitutional amendments passed early in 2025 triggered a sharp dispute among members who felt the changes were pushed through without adequate participation and were likely to tilt the election in favour of incumbents.

Despite the court order, the union is now being accused of pressing ahead with an electoral process under the very amendments that triggered the dispute. This is expected to set the stage for a fresh wave of internal turmoil and potential legal battles.

Among the issues flagged is the adoption of nomination fees that were part of the amendments frozen by the court. And the Labour ministry is warning that the use of frozen constitution laws would amount to a violation of the court order.

“It is a matter of very serious concern that the union has therefore decided to peg the nomination fees for elective positions on the new constitution, despite there being an order barring the same,” the Registrar wrote in a letter seen by The Sunday Standard.

“This order effectively bars Kuppet from relying on or giving effect to any provisions contained in the suspended amendments for purposes of conducting its election processes,” she added.

The registrar noted that the notice issued by Kuppet is “irregular, unlawful, and in direct conflict with both the court order and the registrar’s circular”.

The circular, sent out on September 25, directed unions not to use amended constitutions whose implementation has been halted by a court order unless the court issues fresh directions.

However, in a response seen by The Sunday Standard, Kuppet, through its lawyers Triple A Advocates, maintains it has done nothing unlawful.

In the response dated December 5, 2025, the union argues that the stay orders issued in March 2025 have already lapsed.

The lawyers said the initial stay was granted on March 25, without a return date, and although Justice Nduma later reinstated the interim orders, they were only extended to October 16.

“At the subsequent court attendance on 16th October, 2025, the stay orders were not reinstated, effectively leaving a gap,” the union argues.

The union argues that temporary court orders automatically lapse when they expire unless expressly extended.

“Since no extension was sought or granted beyond October 16, 2025, the effect of the conservatory stay order automatically ceased on that date. There is currently no court order restraining Kuppet from proceeding with the election cycle,” the lawyers stated.

Kuppet also accuses the registrar of overstepping her mandate by issuing directives on a matter already before the Employment and Labour Relations Court.

The union insists it is “legally free to continue its administrative processes” for the 2026 elections.

Under the proposed constitutional changes, Kuppet seeks to expand its leadership structure by creating new positions, including an Assistant National Secretary for Gender, Junior Secondary School (JSS) representatives, and additional trustees.

The union argues that these adjustments will strengthen inclusivity and improve representation across emerging education sectors.

Another controversial proposal involves raising the retirement age for the Secretary-General from 60 to 65 years. While the union’s top officials have defended the plan as a way to retain experienced leadership, critics argue that it is designed to allow current office holders to prolong their stay in power.

The amendments also include a significant increase in nomination fees for those seeking elective positions.

But opponents say the higher costs are discriminatory, effectively locking out ordinary members and limiting fair competition within the union.

The changes also introduce regional councils and a pro-rata delegate system aimed at balancing voting strength across branches.