University Academic Staff Union (UASU) & another v Attorney General & another; Kenyatta University Chapter Election Board & 19 others (Interested Parties) (Employment and Labour Relations Petition E157 of 2023) [2024] KEELRC 210 (KLR)
The bottom line
#Kenya's Employment Court dismissed UASU's challenge, ruling the Registrar lawfully refused to register officials elected in elections that ignored prior court orders and the union's constitution.
What this practically means
#Executive summary
#Key legal issues
#Compliance of the 27th February 2023 fresh elections with the constitution and prior court orders
The fresh elections did not comply with the Union's constitution and the orders in ELRC Petition No. E043 of 2021; the voters' register verification and 14-day notice should have been redone after the ruling of 24th February 2023
The court found that the register had been updated in September 2022, over five months before the February 2023 elections, and should have been re-verified since members may have ceased or resigned membership in the interim. The notice for the 27th February 2023 AGM was only 3 days, short of the 14 days required under Articles 19(d) and (g) of the union's constitution. The court held prudence required fresh compliance with the 2021 judgment's directions.
Whether the Registrar's refusal to register the officials violated constitutional rights
No violation; the Registrar acted within her statutory powers in refusing to register officials elected in a non-compliant election
Having found the elections non-compliant, the court held the refusal to register Form Q was lawful under section 35(4) of the Labour Relations Act. It agreed with only one of the Registrar's stated reasons (non-compliance with the prior court orders) and rejected the petitioners' claims under Articles 36, 41, 47 and 27 of the Constitution.
Entitlement to reliefs
Petition dismissed; the Registrar's timelines for compliance were to run afresh from the date of judgment
The court considered the lengthy history of the matter and directed the petitioners to comply with the orders of 21st August 2021 and the Registrar's timelines, now running from the date of the judgment. The petition and all prayers were dismissed with each party bearing its own costs.
Legal principles established
#- Elections of trade union officials must be conducted in accordance with the union's registered constitution and court orders governing the election process
- A registrar may lawfully refuse to register officials elected in an election that did not comply with court orders
- Court orders must be obeyed by all parties bound by them; compliance with a prior judgment on elections required re-doing steps such as updating and verifying the voters' register where circumstances had changed
Court orders
#- 1.The petition dated 9th August 2023 and the prayers thereto are dismissed
- 2.The Petitioners should comply with the directions of the court as per the orders of 21st August 2021 in ELRC Petition No. E043 of 2021, with the timelines now running from the date of this judgment
- 3.Each party will meet their respective costs
- Jurisdiction invoked
- Article 165(2) Employment and Labour Relations Court jurisdiction; Article 23 enforcement of Bill of Rights (Labour Relations Act, sections 30, 34, 35; Employment and Labour Relations Court Act section 12(5) discussed)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "University Academic Staff Union (UASU) & another v Attorney General & another; Kenyatta University Chapter Election Board & 19 others (Interested Parties) (Employment and Labour Relations Petition E157 of 2023) [2024] KEELRC 210 (KLR)", Case Analysis (2024). Petition dated 9th August 2023 (Nairobi ELRC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/210/eng@2024-02-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.