Mutsembi v Oyuu, Secretary General Kenya National Union of Teachers (KNUT) & 2 others (Petition E001 of 2026) [2026] KEELRC 274 (KLR) (30 January 2026) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 274
- Citation
- [2026] KEELRC 274 (KLR)
- Decided
- 30 January 2026
Summary at a glance
TypePetition for Interim OrdersPostureRespondents failed to act on the applicant's request to lift suspension, leading to the court's decision.CoramDN NDERITU
The applicant is suspended and not allowed to take part in the activities of the union. The application is filed in bad faith to stop an election.
Facts
Kevin Mutsembi was suspended from the Kenya National Union of Teachers (KNUT) on May 29, 2025, and did not seek to lift the suspension until December 5, 2025. The respondents did not act on the letter requesting the suspension to be lifted.
Issues
- Whether the suspension is lawful or unlawful
- Whether the application was filed in bad faith to stop an election
Reasoning
The court finds that the applicant has been indolent and failed to take action since his suspension. The application was filed at ELRC Nairobi without the required transfer order, and there are no grounds for interim orders.
Outcome
No order as to costs
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