Frankline Kaburu Kinoti & 3 others v University Academic Staff Union [Uasu] Executive, Kenyatta University Chapter & 3 others; Kenyatta University (Interested Party) [2021] KEELRC 1059 (KLR)
The bottom line
#Kenya's Employment and Labour Relations Court nullified UASU Kenyatta University Chapter elections because members were unfairly shut out of the voters' register.
What this practically means
#Executive summary
#Key legal issues
#Whether disenfranchisement from the voters' register violated constitutional and statutory rights
Yes - the exclusion of the members from the voters' register violated their rights under Articles 36 and 41 of the Constitution and Section 4 of the Labour Relations Act
The incumbents closed the Chapter office in December 2020, preventing members from submitting application forms and updating subscriptions; no alternative means were provided; staff who paid registration fees were omitted from the register. The Election Board and the Registrar both confirmed these flaws, yet the General-Secretary proceeded with elections on 25th March 2021, disenfranchising legitimate members.
Whether the 25th March 2021 Chapter elections should be nullified
Yes - the election results of 25th March 2021 are nullified and no registration of the winners shall be effected
The Court, borrowing from the Supreme Court's decision in Raila Odinga, held the elections were full of illegalities and irregularities: flawed voters' register, closed offices, rejection of the Election Board's and Registrar's counsel. The process did not conform to the Chapter constitution, the Constitution of Kenya and the Labour Relations Act.
Whether the incumbent officials in Petition No. 093/2021 could represent the Chapter at the NDC
No - their mandate expired and they were not registered as new officials; the Petition was dismissed
Section 35(6) of the Labour Relations Act bars unregistered persons from acting as officials. There was also an order staying registration of the Chapter's election results. Allowing the Petition would disregard the law. The Court also deprecated the filing of a second Petition in the same electoral dispute.
Legal principles established
#- A person not registered by the Registrar of Trade Unions cannot act as an official of a Trade Union (per Section 35(6) of the Labour Relations Act)
- Electoral processes marred by illegalities and irregularities risk being reversed irrespective of the outcome; the process leading to elections is as important as the voting itself
- Trade Unions are voluntary organisations entitled to self-government, but self-government requires internal democracy; the Registrar's role is to register and regulate, not to run internal affairs
- Filing multiple claims over the same or similar disputes is deprecated as it interferes with consistent judicial pronouncements
Court orders
#- 1.Petition No. 093/2021 is declined with costs to the Respondents therein
- 2.Declared that the 1st and 2nd Respondents in Petition 043/2021 violated the 3rd and 4th Petitioners' fundamental rights and freedoms under the Constitution of Kenya and the Labour Relations Act, by excluding them from the voters' register
- 3.No registration shall be effected by the 4th Respondent with regard to results from the elections of 25th March 2021
- 4.The election results of 25th March 2021 are nullified
- 5.The 1st and 2nd Respondents shall update the Chapter's voters' register as advised earlier by the 4th Respondent
- 6.Upon updating the voters' register, inspection by members and concurrence of the 3rd and 4th Respondents, the Kenyatta University UASU Chapter shall hold fresh elections within 60 days of the Judgment
- 7.No order on costs in Petition No. 043/2021
- Jurisdiction invoked
- Article 41(2)(c) of the Constitution as read with Section 4(2) of the Labour Relations Act No. 14 of 2007; Articles 36 and 41 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
Cite this brief
#Cite this brief
Caselaw, "Frankline Kaburu Kinoti & 3 others v University Academic Staff Union [Uasu] Executive, Kenyatta University Chapter & 3 others; Kenyatta University (Interested Party) [2021] KEELRC 1059 (KLR)", Case Analysis (2021). Petition No. 043/2021 (Nyeri); consolidated with Petition No. 093/2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1059/eng@2021-08-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.