Mbaabu & another v Kenya National Union of Teachers & another (Employment and Labour Relations Constitutional Petition E001 of 2026) [2026] KEELRC 516 (KLR) (26 February 2026) (Ruling)

Facts

KNUT Nyambene Branch elections on 17th January 2026 were violently disrupted, unlawfully halted, and left incomplete.

Issues

1. Whether the Court should grant conservatory orders to restrain the Respondents from recognizing, validating, announcing, or swearing in any officials elected during the KNUT Nyambene Branch elections.
2. Whether the Court should grant conservatory orders to restrain the Respondents from conducting the 1st Respondent’s national elections until the Nyambene Branch elections are properly conducted.

Reasoning

The Court found that the Applicants have demonstrated a prima facie case with a likelihood of success and that without the conservatory orders, they are likely to suffer prejudice. The Court also considered the public interest and the constitutional values in deciding to grant the conservatory orders.

Outcome

The Court granted the conservatory orders sought by the Applicants.

Authorities cited