Eldoret, Kenya – The Employment and Labour Relations Court has suspended the upcoming national elections of the Kenya Union of Nurses and Midwives (KNUN), following a petition challenging the legality of the union’s constitution and the credibility of its electoral process.
Justice Maureen Onyango halted both the election notice issued on November 20, 2026 and the planned polls scheduled for February 6, 2026, pending further directions from the court.
Petition Against KNUN Elections
The petition was filed by union member Kibii Koech Simion, who argued that the elections were unconstitutional and unlawful. He claimed that the KNUN constitution, dated December 16, 2022 and registered on August 28, 2024, was imposed without a lawful national referendum and violated both internal union procedures and the Kenyan Constitution of 2010.
Court’s Consideration
Justice Onyango issued the suspension after reviewing:
- An application dated January 29, 2026
- Affidavits filed by the parties
- A preliminary objection filed by the union
- Oral submissions from counsel representing the petitioner, respondents, and interested parties, including KNUN Secretary General Seth Panyako, who appeared in person
Orders Issued
The court directed the KNUN secretary general to issue a fresh election notice in strict compliance with the union’s constitution. The notice must be widely circulated to members through:
- Personal addresses held by the union
- Branch secretaries
- Shop stewards
Additionally, the court ruled that the eligibility of candidates must strictly adhere to both the union’s constitution and the Labour Relations Act of 2007.
Implications
The suspension underscores the importance of transparency and adherence to constitutional procedures in union governance. With the elections halted, KNUN leadership will need to revisit its processes to ensure compliance with both internal rules and national labour laws before proceeding.
Conclusion
The ruling marks a significant moment for KNUN, as it highlights the judiciary’s role in safeguarding democratic practices within trade unions. The outcome of this case will likely set a precedent for how unions across Kenya conduct their internal elections and uphold constitutional integrity.
