The Employment and Labour Relations Court has put on hold a petition challenging the election of Kuppet national chairman and Emuhaya MP Jeremiah Omboko Milemba, ruling that the dispute cannot proceed before the determination of an earlier case touching on the same issues.
Justice Monica Mbaru ordered that the petition filed by Christine Osio Agutu be stayed pending the hearing and determination of another case already before the court, ELRC Cause No. E253 of 2025.
The judge said allowing the matter to proceed alongside similar suits risked conflicting court decisions and duplicated litigation.
Delivering the ruling on August 17, 2026, Justice Mbaru said that although the petition arose from Kuppet elections held on April 18, 2026, it raised “the same issues of alleged conflict of interest” already before the court in earlier proceedings.
She added that staying the case was “appropriate and reasonable” in order to avoid conflicting findings by different courts.
Ms Agutu moved to court after the Kenya Union of Post Primary Education Teachers (Kuppet) elections in which Mr Milemba retained the influential position of national chairman.
Her petition challenges the outcome of those elections under the legal framework governing trade union polls.
At the centre of the dispute is whether Mr Milemba can continue serving as both a Member of Parliament and the national chairman of Kuppet.
UDA Deputy Secretary-General Omboko Milemba.
Photo credit: File | Nation Media Group
The same question has become the subject of multiple cases filed before the Employment and Labour Relations Court.
Lawyers representing Mr Milemba and Kuppet asked the court to strike out or suspend the petition, arguing that the issues it raises are already being litigated elsewhere.
They told the court that the latest challenge was substantially similar to ongoing proceedings involving the MP’s leadership position within the teachers’ union.
In their submissions, they argued that “the question before the court is whether Mr Milemba can lawfully hold the office of national chairperson of Kuppet while simultaneously serving as a Member of Parliament.”
They maintained that the same issue is already before the courts and that allowing parallel proceedings would amount to an abuse of the judicial process.
Ms Agutu opposed the objections, insisting that her case was fundamentally different because it directly challenged elections conducted on April 18, 2026.
She argued that the petition concerned a fresh electoral process that took place long after the earlier cases had been filed.
According to her submissions, “the other petitions were filed in 2025, before the Kuppet elections, and are unrelated to the Kuppet National elections of April 18 2026.” She also argued that the parties involved in the various suits were not the same.
Ms Agutu further maintained that Mr Milemba and Kuppet had failed to demonstrate that all the cases were identical.
She told the court that the petition was a trade union election dispute governed by strict timelines and should not be delayed because of ordinary constitutional petitions and labour causes filed earlier.
In addition, Ms Agutu urged the court to focus on substantive justice instead of procedural technicalities. She argued that constitutional provisions require courts to avoid unnecessary restrictions based purely on technical objections and asked that the preliminary objections be dismissed.
The court, however, agreed with the legislator and the union that the same issues were before the court in an ongoing case.
Justice Mbaru noted that previous litigation had already focused on allegations that Mr Milemba’s roles as an MP, a political party official and Kuppet chairman could create a conflict of interest.
The judge recalled that in a separate petition, litigants are seeking declarations that Mr Milemba is unlawfully holding multiple positions and want him removed as Kuppet chairman.
Justice Mbaru observed that another court had already stayed a similar case filed in 2025 after finding it could not proceed before the determination of ELRC Cause E253 of 2025. The earlier case therefore remains active and unresolved.
While acknowledging that the latest petition stemmed from the April 2026 union elections and the election of new officials, the court found that the underlying dispute remained substantially the same as that being considered in the pending cases.
“The same issues of alleged conflict of interest arise,” the judge said in the ruling, concluding that it was necessary to pause the proceedings until the earlier matter is concluded.
The court nevertheless stopped short of dismissing the petition altogether, holding that it may eventually be heard on its merits once the earlier case has been determined.
The ruling means any immediate judicial determination on the legality of Mr Milemba’s position as Kuppet chairman will have to wait for the outcome of the older suit that has effectively become the lead case in the wider dispute.
Justice Mbaru directed that the petition remain stayed pending the hearing and determination of ELRC Cause E253 of 2025 and ordered that the files be monitored together. The matter will be mentioned on October 1, 2026.
