The Kenya Union of Post-Primary Education Teachers (Kuppet) has suffered a major setback after the Employment and Labour Relations Court in Nairobi nullified the union’s suspension and expulsion clauses, declaring them unconstitutional, illegal, and null and void.
In a ruling delivered by Justice Byram Ongaya, the court reinstated five senior Kuppet officials who had been suspended or expelled from office in a protracted leadership tussle.
The five – Robert Miano, William Lengoiyap, Moses Kimwere, Peter Oluoch, and Yvonne Mutindi Musyoka – will return to office effective October 30, 2025, marking a dramatic twist in the ongoing internal wrangles that have rocked the influential teachers’ union.
Kenya Union of Post-Primary Education Teachers Secretary-General Akelo Misori and Deputy Secretary-General Moses Nthurima at the union’s headquarters in Nairobi on August 11, 2025.
Photo credit: File | Nation
The court held that the provisions in the Kuppet Constitution that empower the National Executive Board (NEB) to suspend or expel elected officials contravene both the Labour Relations Act and the Constitution of Kenya.
“The suspension and expulsion clause in the Kuppet Constitution is unconstitutional, illegal, null and void,” ruled the judge.
The judge effectively reinstated the five petitioners to their respective offices without conditions.
The five officials had moved to court in 2024, challenging their suspension and subsequent expulsion from Kuppet by the national leadership led by Secretary-General Akelo Misori and his deputy Moses Nthurima.
In their petition, which listed the Registrar of Trade Unions as an interested party, they accused Mr Misori and 12 others of violating the Labour Relations Act and the union’s own internal democratic principles.
Kenya Union of Post Primary Education Teachers Secretary-General Akello Misori (centre) and other Kuppet officials address the media in Nairobi on September 20, 2024.
Photo credit: Evans Habil | Nation Media Group
They argued that their suspension was politically motivated and executed without affording them a fair hearing, thereby infringing on their constitutional and labour rights.
The court initially issued interim orders in November 2024, compelling Kuppet to remit funds to branch accounts led by the petitioners and restraining the national office from interfering with their duties.
That ruling, delivered by Justice Onesmus Makau in June 2025, upheld the petitioners’ position that Mr Misori and 12 others had been duly served and unfairly targeted by the union leadership.
In that earlier judgment, Justice Makau dismissed an application by the Kuppet national officials seeking to set aside the interim orders, finding that the respondents had been properly served and had a fair opportunity to respond.
“They were duly served, appeared through counsel, but failed to file responses as directed. The interim orders were therefore regular,” Justice Makau rued.
That decision strengthened the petitioners’ case and set the stage for the latest ruling by Justice Ongaya, which now conclusively resolves the matter in their favour.
