Court stops planned elections of officials of nurses’ union

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The Employment and Labour Relations Court in Eldoret halted the national elections of the Kenya National Union of Nurses and Midwives (KNUNM) following a petition challenging the legality of the union’s constitution and electoral process.

In a ruling delivered on February 4, 2016, Lady Justice Maureen Onyango suspended the election notice issued on November 20, 2025, stopping the polls that had been scheduled for February 6, 2026, pending further orders of the court.

The case was filed by union member Kibii Koech Simion, who argues that the current KNUNM constitution dated December 16, 2022, and registered on August 28, 2024 was imposed on members without a lawful national referendum, contrary to internal union procedures and the Constitution of Kenya, 2010.

The court issued the suspension after considering an application dated January 29, 2026, supported by affidavits from the parties, a preliminary objection raised by the union, and oral submissions from lawyers representing the petitioner, respondents, and interested parties, including KNUNM Secretary General Seth Panyako, who appeared in person.

In her orders, Justice Onyango directed the Secretary General to issue a fresh election notice in strict compliance with the union’s constitution and applicable labour laws.

The court further ordered that the notice be widely circulated to members through personal addresses held by the union, in addition to publication on the union’s website and social media platforms, with branch secretaries and shop stewards tasked with ensuring grassroots dissemination.

The court also ruled that the eligibility of candidates seeking union leadership positions must strictly comply with both the union’s constitution and the provisions of the Labour Relations Act, 2007.

Additionally, the court suspended several clauses of the union’s constitution touching on governance, election procedures, and candidate eligibility, and directed the union’s electoral body to align its processes with the law and court orders, including redesigning nomination forms subject to approval by the Registrar of Trade Unions.