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)

REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KAKAMEGA CONSTITUTIONAL & HUMAN RIGHTS DIVISION PETITION NO. E001 OF 2026 IN THE MATTERS OF: - ARTICLES 2, 10, 19, 20, 21, 22, 23, 27, 28, 36, 38, 41, 47, 50, 159, 160, 162(2) (a), 165, AND 259; OF THE CONSTITUTION OF KENYA, 2010; AND THE EMPLOYMENT AND LABOUR RELATIONS COURT ACT; AND THE FAIR ADMINISTRATIVE ACTION NO.4 OF 2015; AND THE KENYA NATIONAL UNION OF TEACHERS CONSTITUTION; AND THE PRINCIPLES OF FAIRNESS AND LEGITIMATE EXPECTATION; AND ALL OTHER ENABLING AND RELEVANT PROVISIONS OF LAW BETWEEN KEVIN MUTSEMBI….……………………………….…. PETITIONER -VERSUS- HENRY COLLINS OYUU, RULING – ELRC KK CONST. PET E001 OF 2026 Page | 1 SECRETARY GENERAL KENYA NATIONAL UNION OF TEACHERS (KNUT).........................................................................1ST RESPONDENT GEOFFREY MULINYA MUSIDIA, EXECUTIVE SECRETARY (KNUT) KAKAMEGA SOUTH BRANCH.............................2ND RESPONDENT KENYA NATIONAL UNION OF TEACHERS (KNUT) KAKAMEGA SOUTH BRANCH.............................3RD RESPONDENT (BEFORE HON. JUSTICE DAVID NDERITU) RULING The court notes that the applicant was suspended from the union on 29th May, 2025. He did not take any action to have the suspension lifted until when he wrote the letter of 5th December 2025. Again, when the respondents failed to act on the said letter of 5th December 2025 the applicant took no further action to have the suspension lifted. All along the applicant had the option to come to court and pray for the court to issue appropriate order lifting the suspension. He did not do so. Whether the suspension is lawful or unlawful is an issue to be canvassed RULING – ELRC KK CONST. PET E001 OF 2026 Page | 2 and determined but as of now the applicant is suspended and not allowed to take part in the activities of the union either as an official or a member. Although the respondents have not appeared in court to state their position, the court takes the view that the applicant has been indolent and failed to take action since May 2025 when he was suspended. Equity aids the vigilant and the application is filed in bad faith to stop an election that is slated for tomorrow, 31st January 2026. Further, the court notes that the matter was filed at ELRC Nairobi yet the order transferring the same to this court has not been attached. The court finds and holds that there are no grounds established for the court to issue the interim orders sought. The applicant is free to amend the application and, if need be, file appropriate application(s) if he so deems fit. The matter shall be mentioned on 5th February 2026 for the applicant to inform the court what direction he wishes to go with the matter. A mention notice be issued and served upon the respondents. DAVID NDERITU, JUDGE 30/01/2026 Court – No order as to costs. DAVID NDERITU, JUDGE 30/01/2026 RULING – ELRC KK CONST. PET E001 OF 2026 Page | 3