Court stops KUDHEIHA elections over alleged exclusion of candidate

The Employment and Labour Relations Court in Nakuru has halted the planned national elections of the Kenya Union of Domestic, Hotels, Education Institutions and Hospital Workers (KUDHEIHA).

The judge cited the risk of disenfranchising a member who was allegedly barred from contesting the post of secretary-general.

In a ruling delivered on February 18, 2026, Justice James Rika issued interim orders restraining the union and its officials from convening the quinquennial conference scheduled for February 20, 2026.

"The proposed quinquennial conference scheduled by the Respondents at Tom Mboya College, Kisumu, on 20th February 2026, appears to pose a real risk of disenfranchising the Petitioner and his followers within the 1st Respondent, in the election of the Secretary-General," the judge held.

The case was filed by Tonge Yoya, a union member, who told the court that despite meeting all eligibility requirements, including payment of the prescribed nomination fees, he was excluded from vying for the secretary-general position.

Yoya said he lodged a complaint with the union but received no response, prompting him to move to court to safeguard his political and labour rights within the organisation.

While the judge observed that the application dated January 10, 2026, was not urgent, noting it had been prepared more than a month earlier but only placed before the court on February 18, he found that it raised “a fundamental constitutional and legal issue” warranting immediate intervention.

Justice Rika held that proceeding with the conference posed a real danger of locking out the petitioner and his supporters from participating in the election of the secretary-general.

He underscored that union members are protected under Article 41(2)(c) of the Constitution, which guarantees the right to form, join, and participate in the activities and programmes of a trade union, including contesting and voting in internal elections.

“The petitioner and other members have a constitutional right to vie for any elective position and to vote,” the court said, warning that any process that undermines inclusivity and fairness risks violating those protections.

The court also restrained the Registrar of Trade Unions (Registrar of Trade Unions) from registering Form Q reflecting any elected national officials of the union, effectively freezing recognition of any outcomes arising from the disputed process.

In reaching his decision, Justice Rika pointed to a circular issued by the registrar on September 25, 2025, advising that union elections could lawfully be organised between April 1 and June 30, 2026.

"Pending hearing inter partes, of the application dated 10th January 2026 filed by the Petitioner, the 1st and 2nd Respondents (the union and Albert Obed Njeru) are restrained from convening the quinquennial conference on the 20th day of February, or any other date, at Tom Mboya Labour College, or any other venue," Justice Rika ruled.

He found that the union and other respondents listed in the case therefore had adequate time to conduct a transparent, credible, inclusive and consultative election once the dispute is resolved.

"The orders issued on the strength of prima facie evidence placed before the Court, that failure to grant the orders would result in irreparable harm to rights," he said.

The suspended conference had been convened through a circular signed by the union’s secretary-general, Albert Obed Njeru, notifying branches that the National Executive Board had authorised preparations for the quinquennial meeting and national elections.

The court directed that the petition and accompanying application be served on all respondents, who must file their responses within 14 days.

The matter will be mentioned on March 12, 2026, for further directions.