Court Slams Brakes on KNUN Elections, Puts Union Constitution Under Spotlight

The Employment and Labour Relations Court in Eldoret has thrown the Kenya National Union of Nurses and Midwives (KNUN) into uncertainty after suspending its national elections that were slated for Friday, February 6, 2026.

In interim orders issued on Tuesday, Justice Maureen Onyango halted both the election notice dated November 20, 2025, and the planned polls, pending further directions from the court. The ruling follows a petition that questions the legality of the union’s constitution and raises serious concerns over the credibility of its electoral process.

The case was filed by union member Kibii Koech Simion, who argues that the KNUN constitution currently in force is unconstitutional and unlawful. He contends that the constitution, adopted on December 16, 2022, and registered on August 28, 2024, was imposed without a lawful national referendum, contrary to internal union procedures and the Constitution of Kenya, 2010.

Justice Onyango issued the suspension after reviewing an application dated January 29, 2026, affidavits filed by the parties, a preliminary objection by the union, and oral submissions from lawyers representing the petitioner, respondents, and interested parties. KNUN Secretary General Seth Panyako personally appeared before the court during the hearing.

“The election notice dated 20th November 2025 … and the elections of the Kenya National Union of Nurses and Midwives scheduled for 6th February, 2026 are hereby suspended pending further orders of this court,” Justice Onyango ruled.

In a far-reaching decision, the court also suspended several provisions of the union’s constitution touching on governance and elections, including clauses under Articles VI and XVIII, which relate to administrative authority, eligibility of candidates, and electoral procedures.

The judge directed the Secretary General to issue a fresh election notice that strictly complies with the union constitution, particularly Articles XVII clauses 17.12 and 17.13. The court ordered that the notice be widely disseminated to all members using personal contact details held by the union, as well as through branch secretaries, shop stewards, the union’s website, and its social media platforms.

Additionally, the court ruled that eligibility of candidates must strictly adhere to the union constitution and Sections 31, 33, and 34 of the Labour Relations Act, 2007. Existing application and nomination forms were suspended, and the union’s Independent National Electoral Commission (INEC) was directed to develop new forms, subject to approval by the Registrar of Trade Unions.

The ruling effectively freezes the KNUN electoral process and places the union’s governance framework under intense judicial scrutiny. Justice Onyango further directed that the full ruling be published within seven days, as the matter awaits further directions from the court.