The Employment and Labour Relations Court has suspended a fresh petition seeking to remove Kenya Union of Post-Primary Education Teachers (KUPPET) national chairman Omboko Milemba from his position.
The case challenges Milemba's continued leadership of the teachers' union while he also serves as the Member of Parliament for Emuhaya.
Justice Monica Mbaru ordered that the latest petition remain on hold until an earlier case involving the same issue is determined. The decision allows Milemba to continue serving as KUPPET chairman as the legal battle continues.
The latest dispute follows KUPPET's national elections held on April 18, 2026, where Milemba retained his position as chairman.
The petitioner questioned whether Milemba can legally hold the union leadership position while at the same time serving as an elected MP.
A similar issue had already been taken to court in 2025. The earlier case sought a declaration on whether Milemba could hold both positions and called for his removal from the KUPPET leadership and fresh union elections.
Milemba and KUPPET asked the court to stop the new petition, arguing that the matter should first be resolved through the earlier case.
The petitioner, however, argued that the latest case was different because it followed the 2026 KUPPET elections.
The court ruled that the main question surrounding Milemba's two positions was already before it. Justice Mbaru noted that allowing the new case to proceed separately could result in conflicting decisions.
The court has directed that the latest petition be mentioned on October 1, 2026, alongside the earlier case.
Milemba has continued performing his duties both as an MP and as KUPPET chairman while the matter is before the courts.
The KUPPET chairman has recently been active in Parliament, where he has spoken on issues affecting workers and salaries.
As union chairman, he has also issued a seven-day strike notice to the Teachers Service Commission over the promotion of 50,000 teachers.
The latest court decision gives Milemba temporary relief, but the bigger question over whether he can hold both positions remains unresolved.
The final outcome of the ongoing court proceedings will determine whether Milemba can continue serving as KUPPET chairman while remaining an MP.