The Employment and Labour Relations Court has declined a legal application by former Kenya National Union of Teachers (KNUT) secretary general Wilson Sossion seeking to halt KNUT national elections.
In a ruling delivered on Wednesday, Justice Jacob Gakeri dismissed Sossion’s request for conservatory orders aimed at stopping the union’s Secretary General and Deputy Secretary General elections pending the hearing and determination of his petition.
Sossion had moved to court seeking to restrain KNUT officials from contesting the positions in the upcoming national elections.
“The orders are sought to restrain the first and second respondents, the officials, agents, or any person acting under their authority, from barring the applicants from contesting the position of Secretary General and Deputy Secretary General, respectively, in the national elections scheduled for tomorrow (April 2),” the judge observed.
He also sought to stop the union from holding nominations and elections on April 2 and 3, and to suspend the implementation of a circular dated March 13, 2026, which outlined the election process.
Additionally, Sossion sought to suspend the national elections until all 110 branches, including Turkana, as well as the 47 county councils and eight regional councils, had conducted elections and were properly constituted.
“And a temporary injunction to restrain the respondents from processing, registering, or certifying any results that may emanate from that national election scheduled on the 3rd of April 2026,” the judge stated.
The application was filed under provisions of the Employment and Labour Relations Court Act, the Mutunga Rules, and the Employment and Labour Relations Court Procedure Rules, 2024.
In reviewing the case, the court considered whether Sossion had established grounds for the grant of conservatory orders. Justice Gakeri noted that the petition focused on two main issues: membership of the union and eligibility to participate in the elections, both of which are governed by the union’s constitution and relevant laws.
The court assessed the principles for granting conservatory orders, including whether there was a strong case, whether constitutional rights were at risk, whether the petition would be rendered ineffective if the orders were not granted, and whether granting the orders would serve the public interest.
“After a holistic review of the case, the court was persuaded that the core foundation of the application, that is nomination and eligibility, are well provided for by the constitution of the association,” Justice Gakeri observed.
The union opposed Sossion’s application, arguing that nomination and eligibility are governed by its constitution and legal framework, and that public interest did not support halting the scheduled national elections.
The court agreed, holding that public interest did not favour granting conservatory orders that would suspend the elections.
“Public interest is not in favour of granting the conservatory orders sought, and as a consequence, that application was not allowed,” the judge said.
The ruling clears the way for KNUT to proceed with its national elections as scheduled on April 2 and 3, 2026.
The decision comes days after the Court of Appeal set aside Wilson Sossion’s termination by the Teachers Service Commission.
