Yvonne Musyoka (In green) in company of other teachers after a Court nullified a case challenging her eligibility in office as Machakos KUPPET Vice Chair. Photo by Virginia Siebella 
By Virginia Siebella
In a major victory for union democracy, the Employment and Labour Relations Court in Nairobi has ruled in favour of Yvone Musyoka, the Vice Chair of the Kenya Union of Post Primary Education Teachers (KUPPET), Machakos branch, quashing a case that had sought to block her from holding office. The decision paves the way for her to participate in the upcoming union elections.
Delivering the landmark ruling, Justice Byram Ongaya nullified the contentious “expulsion clause” in the KUPPET constitution—alongside similar provisions in other unions—declaring it unconstitutional, null, and void. This clause, which had been used to expel Musyoka from the union, had effectively barred her from contesting future elections.
Justice Ongaya affirmed that internal union guidelines cannot supersede rights protected under the Kenyan Constitution, including Article 41 on labour rights, Article 36 on freedom of association, and Article 24 on the limitation of rights. He added that only Parliament has the authority to enact laws that place limitations on constitutional freedoms, not union organs.
Speaking moments after the verdict, a jubilant Musyoka said the ruling was a resounding confirmation that no faction within a union can arbitrarily expel a member, calling it a victory for every teacher who has faced unjust disciplinary action.
“This win means a lot. The lies and tension are over. My opponents must now change their strategy,” Musyoka declared, thanking her supporters from Machakos and beyond who stood by her throughout the legal battle.
The courtroom erupted in applause as fellow teachers celebrated the judgment, using the moment to call for the retirement of long-serving KUPPET Machakos officials—especially those above the retirement age—to pave the way for fresh leadership through fair and competitive elections.
Musyoka encouraged teachers across the country to learn their rights and resist what she described as “oppression, witch-hunts, and propaganda.” She emphasized the need for generational renewal in union leadership, advocating for transparent processes and the inclusion of younger voices.
With the ruling now in her favour, Musyoka confirmed her bid for the position of Executive Secretary in the Machakos branch elections in January 2026 and hinted at pursuing a national role in the future.
“This is not just my win—it’s a win for justice, fairness, and the rule of law in our unions,” she said.
