Court clears KMPDU elections, dismisses bid to halt April 2 poll

Doctors hold Kamkunji on the 2025–2029 CBA, March 20, 2026. /KMPDU

The Employment and Labour Relations Court has declined to halt elections of the Kenya Medical Practitioners, Pharmacists and Dentists Union, clearing the way for the poll scheduled for April 2, 2026.

In a ruling delivered in Nairobi, the court dismissed an application by a group of seven doctors who had sought conservatory orders to suspend the elections, citing alleged irregularities in the constitution of the union’s Independent Electoral Committee (IEC).

The petitioners — including Clarence Mweresa, Deogracious Maero and Wendy Kimbul — moved to court through a Notice of Motion dated March 17, 2026, seeking to stop the electoral process pending determination of their main petition.

They argued that the IEC, composed of several respondents, was unlawfully constituted and lacked independence, raising concerns about the credibility of the upcoming vote.

At the heart of the dispute was a decision communicated on February 15, 2026, during a “state of the union” address, indicating that the same IEC that oversaw the May 2021 elections had been reappointed to manage the 2026 polls.

The petitioners challenged this move, arguing that the committee had previously presided over flawed elections in May 2021, whose results were nullified by the court on December 15, 2021, for being “unverifiable.”

Following that nullification, the court had ordered fresh elections within 45 days. The petitioners told the court that members of the IEC resigned after the annulled 2021 elections and did not oversee the repeat elections conducted in 2022.

Instead, the elections were managed by union officials under the supervision of the Ministry of Labour.

They further noted that the Registrar of Trade Unions initially declined to register officials elected in the repeat poll because the elections were not conducted by an IEC, before eventually registering them following a court order.

Based on this history, the applicants argued that there was “nothing to extend” in terms of the IEC’s mandate, insisting that any reappointment required approval by the union’s Annual or Special Delegates Conference.

They also raised concerns about the committee’s composition, alleging it did not meet the required membership threshold and included individuals they claimed were ineligible or inactive within the union.

Respondents defend process

The respondents, including members of the electoral committee and the union, opposed the application, maintaining that the electoral process was lawful and should proceed as scheduled.

They argued that halting the elections at the last minute would disrupt union operations and deny members their democratic right to elect leaders.

In its ruling, the court considered whether the petitioners had met the threshold for grant of conservatory orders, including establishing a prima facie case and demonstrating potential prejudice.

Lady Justice Jemimah Keli noted that conservatory orders are not granted as a matter of course and must be justified by clear evidence of violation of rights or imminent harm.

The court found that the applicants had not sufficiently demonstrated that the elections would be conducted in a manner that would violate the law or the union’s constitution.

It further observed that electoral disputes, particularly within unions, should not lightly interfere with democratic processes unless compelling grounds are presented.

"On the allegations related to the registers, ... it would be overreach for the court to intervene in the election process based on the allegations of irregularities of the register, without sight of the approved register, when there is a body with a mandate to conduct the union elections, including approval of the register."

In dismissing the application, the court effectively allowed the electoral process to proceed, stating that stopping the elections without adequate justification would not be in the interests of justice.

"It is proper to give the IEC the opportunity to do its work as per the union constitution. The foregoing led the court to conclude there was no disclosure of a prima facie case," the judge said.

KMPDU secretary general Davji Atellah welcomed the ruling, framing it as a victory for internal democracy within the union.

“This decision safeguards the very foundation of our union that the power to shape its future rests squarely with you, the members. As we head to the polls, let us remember that this is a contest of ideas, not individuals,” he said.

“Whatever the outcome, our shared mission remains unchanged: advancing the welfare of our members and strengthening our profession.”

Atellah reflected on his tenure, saying it has been a profound honour to serve alongside the leadership team from 2021 to date.

"Together, we have navigated challenges, secured gains and strengthened the voice of our union.”

He urged members to turn out and participate in the vote, and make their voice count.

"Let us exercise our democratic right and collectively determine the leadership that will carry KMPDU forward," he said.

With the legal hurdle cleared, attention now shifts to the ballot as union members prepare to elect their next leadership on Thursday.