Njoroge & 3 others v Registrar Trade Unions & 2 others; Juma & another (Interested Parties) (Petition E004 of 2021) [2022] KEELRC 4154 (KLR)
The bottom line
#Kenya's Employment and Labour Relations Court nullified union branch elections held under intimidation, confirming only paid-up members can validly hold union office.
What this practically means
#Executive summary
#Key legal issues
#Validity of the Eldoret branch elections of January 31, 2021
The elections were invalid: the purportedly elected branch secretary lacked capacity to be elected, and the atmosphere of intimidation and violence meant the elections could not be free and fair
The presiding officer swore that she lacked nomination forms, issued plain papers under duress from persons armed with clubs, and allowed a disqualified candidate to contest under intimidation. Levy Juma never rebutted evidence that he was not a paid-up member and cited a fictitious employer. The court held the allegations uncontroverted and invalidated the elections and results.
Status of the Eldoret branch office after invalidation of the elections
The former officials could not be reinstated or continue in office; the constitution caps tenure at five years subject to re-election, and the petitioners had conceded their mandate expired by contesting the elections
Section 34(1) of the Labour Relations Act requires elections per the registered constitution. Rule 14(c) caps branch officers' tenure at five years with no automatic continuance. Since the petitioners sought re-election, they acknowledged their mandate had lapsed, and reinstating them would be inequitable to the E037 petitioners whose elections were also invalidated. Fresh elections within 60 days were ordered instead.
Whether the union's general secretary was justified in withholding form Q from the Registrar
Yes - the registrar of trade unions was justified in not submitting form Q to effect changes in Eldoret branch officials given the invalidity of the elections
Because the elections returning Levy Juma were a nullity and all other results were invalidated due to intimidation, there was no valid result to report; the court expressly found the refusal to lodge form Q justified.
Legal principles established
#- For one to be validly elected as a union official he or she must be a paid-up member of the union as required by the union's constitution
- Elections conducted in an environment of intimidation, threats and violence cannot yield a free and fair election and are liable to be invalidated
Court orders
#- 1.Petition No. E037 of 2021 dismissed with all prayers rejected
- 2.Declaration that no valid election of Kenya Building Construction, Timber and Furniture Employees Union was conducted on January 31, 2021 and the results thereof are null and void
- 3.Order that the Registrar of Trade Unions organize and conduct Eldoret branch elections in accordance with the union's constitution within 60 days of the judgment
- 4.Each party to bear their own costs of the petition
- Jurisdiction invoked
- Constitution of Kenya 2010 (fundamental rights petitions) and Labour Relations Act, section 34(1)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njoroge & 3 others v Registrar Trade Unions & 2 others; Juma & another (Interested Parties) (Petition E004 of 2021) [2022] KEELRC 4154 (KLR)", Case Analysis (2022). ELRC Petition No. 4 of 2021 (lead file), consolidated with Nairobi ELRC Petition No. E037 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/4154/eng@2022-07-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.