https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/1581

Miano & 5 others v Misori & 13 others (Employment and Labour Relations Petition E247 of 2025) [2026] KEELRC 1581 (KLR) (5 June 2026) (Ruling) Neutral citation: [2026] KEELRC 1581 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Nairobi Employment and Labour Relations Petition E247 of 2025 JW Keli, J June 5, 2026 IN THE MATTER OF ALLEGED CONTRAVENTION OF RIGHTS AND FUNDAMENTAL FREEDOMS UNDER ARTICLES 10,19(a) (b) 25 (a), 27,28,36,40,41,43,46 Of THE CONSTUTUTION IN THE MATTER OF CONSTITUTION OF KENYA (PROTECTION OF RIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROCEDURE RULES, 2013 IN THE MATTER CONTRAVENTION OF SECTION 4(2),31 (5),39,422013,47,48,50(9) OF THE LABOUR RELATIONS ACT IN THE MATTER OF KENYA UNION OF POST PRIMARY EDUCATION TEACHERS’ CONSTITUTION Between Robert Miano 1st Petitioner William Lengoyiap 2nd Petitioner Moses Kimwere 3rd Petitioner Peter Ouoch 4th Petitioner Yvonne Mutindi Musyoka 5th Petitioner Chari Mwagambo 6th Petitioner and Maurice Akello Misori 1st Respondent Moses Nthurima 2nd Respondent Wicks Njenga Mwethi 3rd Respondent Maureen Makio Nekesa 4th Respondent Wilson Okenye Omwebu 5th Respondent Doreen Mi—Jeni Kilonzo 6th Respondent Reuben Ambuli Ikwendo 7th Respondent Peter Ltnatiran Letiplia 8th Respondent Gilbert Wafula 9th Respondent Alice Kairuthi 10th Respondent Jacob Kailuthia 11th Respondent Hellen Gathoni Githui 12th Respondent Mungai Kihanya 13th Respondent and Registrar Of Trade Unions Interested Party Ruling 1.The applicants filed an application by way of notice of motion dated 15th May 2025 brought under the constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013, Rule 3(8), section 3A of the Civil Procedure Act, Cap 21 Laws of Kenya, section 5(1) of the Judicature Act, Cap 8F Laws of Kenya and all other enabling provisions of Law for orders:a.Spentb.That the 1st ,2nd and 3rd Respondents being the Secretary General, Deputy Secretary General and the Treasurer of the Kenya Union of Post Primary Education Teachers be summoned before this Honourable Court to show cause why they should not be committed to civil jail for gross disobedience of the orders granted by this court on 13th November, 2024; specifically that they pay union and BBF dues for the branches of Isiolo, Tana River, Samburu and Laikipia into their official accounts as designated in the said order.c.That failure to show cause, this Honourable Court be pleased to cite Maurice Akello Misori, Moses Nthurima and Wicks Njenga Mwethi for contempt of this court’s orders issued on 13th November, 2024 and consequently commit them to prison for a period not less than six months.d.That the Respondents be barred from addressing this court unless they have purged themselves of the contempt.e.That pending the hearing of this application and the Petition, it be ordered and is herby ordered that the Respondents remit the union and BBF dues from the month of February, 2024 to November,2024.f.That this Honourable Court do grant any other Order that it deems just and expedient in the circumstances of this case.g.That costs of the application to be borne by the Respondents. Grounds of the application 2.That on 13th November,2024, this Honourable Court issued an order directing the 3rd Respondents to immediately remit all union dues and BBF dues for Isiolo. Laikipia, Samburu and Tana River to the official Branch Accounts as follows: The official Union dues bank accounts for the said Branches are;a)Tana River KCB Bank A/C 11XXXXXXXX8 b) Isiolo Equity Bank A/C 0XXXXXXXX95c)Samburu Equity Bank A/C 11XXXXXXXX01 The official BBF dues bank accounts for the said Branches are;a)Tana River Equity Bank A/C 12XXXXXXXX91b)Isiolo National Bank A/C 01XXXXXXXX00 c) Samburu Equity Bank A/C 11XXXXXXXX03d)Laikipia Family Bank Nyahururu Branch A/C 023XXXXXXXX65 9. THAT the Respondents have either failed/refused or neglected to obey the said court order. 10. THAT to date the affected branches have not been paid their union and Burial and Benevolent Dues. 11. THAT the Respondents have blatantly disobeyed the Court Orders to the great prejudice of the Petitioners and their branches. 12. THAT this court needs to move with speed to enforce obedience of its orders. 3.The application was supported by the affidavit of William Lengoyiap dated 15th May 2025, where he annexed in support of the application, affidavit of service of the Notice of Motion application dated 29th October 2024 and Order of the court dated 4th November 2024. Response 4.The application was opposed vide replying affidavit of the 2nd and third respondents on the same date of 21st May 2025. The 2nd respondent annexed as ‘WNM1’ as evidence of disbursement of union branch dues to Samburu ,Tana River/Lamu and Isiolo branches for the period January to April 2025 and bank statements of alleged transfer to branches. 5.The application was canvassed orally. Decision 6.The issue for determination was whether the application was merited. 7.During the hearing, the petitioners were represented by the 2nd and 4th petitioners acting in person. Both of them were former branch officials and sought to enforce the Order in favour of the branches of 13th November 20204, directing the respondents to remit union dues and BBF dues for Isiolo, Laikipia, Samburu and Tana River to official bank accounts stated in the Order. The petitioners contended there was no compliance. The petitioners alleged that the respondents opened other accounts and diverted the funds from the legitimate branch bank accounts. The petitioners had no evidence of the said accounts before the court. 8.Conversely, the 2nd respondent annexed exhibit ‘WNM1’ as evidence of disbursement of union branch dues to Samburu ,Tana River/Lamu, Isiolo branches for January to April 2025 and bank statements of alleged transfer to branches. 9.The court, having heard the parties and taking into account the evidence before the court, declined to issue the orders sought as the petitioners had not provided proof of the alleged accounts said to have been opened to divert the branches' dues. The respondent produced before the court evidence of remittance to the bank accounts reflected in the court order OF 13th November 2024. It is trite that he who alleges proves. The petitioners did not prove their application on the balance of probabilities. The application is dismissed. The applicants are members of the respondents’ union. I make no order as to costs. 10.It is so Ordered. DATED, SIGNED, AND DELIVERED IN OPEN COURT AT NAIROBI THIS 5TH JUNE, 2026.JEMIMAH KELI,JUDGE.In The Presence Of:Court Assistant: OtienoApplicants/Petitioners- absentRespondents- Ms Akello