Petitioner Moves to Halt Nurses’ Union Elections Slated for Friday
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A member of the Kenya National Union of Nurses and Midwives (KNUN) has moved to court seeking orders to stop the union’s national elections scheduled for Friday, February 6, 2026, arguing that the process is unconstitutional and unlawful.
The petitioner, Kibii Koech Simion, has filed an urgent petition before the Employment and Labour Relations Court in Eldoret challenging both the legality of the union’s current constitution and the credibility of the electoral process under which the elections are to be conducted.
The matter came before Justice Maureen Onyango on Monday for directions on a Notice of Motion dated January 29, 2026. Although none of the parties were present, the court certified the application as urgent, citing the imminent elections.
Justice Onyango ordered that the application be heard inter partes on February 4, 2026, just two days before the planned polls. The petitioner was directed to serve the respondents by close of business on Monday, while the respondents must file their replies by Tuesday, February 3.
Bid to Suspend February 6 Polls
At the centre of the case is the petitioner’s request for conservatory orders to suspend the union elections scheduled for Friday, as well as any related activities, including nominations, campaigns, declaration of results, and swearing-in of officials.
The respondents named in the case include the Kenya National Union of Nurses and Midwives, the Registrar of Trade Unions, and the Attorney General.
Mr. Koech argues that the elections are being conducted under a union constitution adopted on December 16, 2022, and registered on August 28, 2024, which he claims was imposed without a lawful national referendum and in violation of both internal union rules and the Constitution of Kenya, 2010.
Constitutionality of Union Charter Questioned
In his petition, the petitioner is seeking a declaration that the KNUNM Constitution is unconstitutional, unlawful, and null and void from the outset. He further argues that the repeal of the former union constitution violated mandatory procedures set out in the repealed document.
Several provisions of the current constitution — including articles relating to governance, elections, and administrative authority — are also being challenged for allegedly contravening constitutional principles and the Labour Relations Act, 2007.
Dispute Over Electoral Body
A key issue raised in the case is the role of the Independent National Electoral Commission (INEC) established under the union constitution to conduct elections. The petitioner contends that the body lacks independence and legal legitimacy.
He has asked the court to bar INEC from conducting the February 6 elections and instead order that all future KNUNM elections and referendums be conducted by the Independent Electoral and Boundaries Commission (IEBC) under the supervision of the Registrar of Trade Unions.
Court Issues Penal Notice
The court issued a penal notice warning that any party who disobeys the court orders risks being cited for contempt of court.
The case will be mentioned again on February 4, 2026, when the court is expected to determine whether to issue interim orders that could stop the highly anticipated nurses’ union elections set for Friday.
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