Monanda & 7 others v Universities' Academic Staff Union (UASU) & 3 others; Registrar of Trade Unions & another (Interested Parties) (Employment and Labour Relations Petition E201 of 2024) [2025] KEELRC 1708 (KLR)

The court set out Section 27(4), under which the Registrar must publish 21 days' notice inviting objections, investigate complaints, and may then refer the matter to the Industrial Court (now ELRC), refuse the amendments, or make any orders deemed fit. The Petitioners approached the court before the Registrar followed this process. The court found the respondents' preliminary objections to have merit and struck out the petition.

The Petitioners had argued that the preliminary objections were unsustainable because determination would require fact-finding. The court, however, did not resolve the locus standi or public participation issues on the facts; it disposed of the petition purely on the point of law that the statutory process under Section 27(4) had not been exhausted, rendering the objections sustainable.

The Petitioners relied on Article 22(1) of the Constitution and Section 4(2) of the Labour Relations Act, claiming standing as union members excluded from the constitution-amendment process. The Respondents contended the 2nd Petitioner lacked locus standi and the petition was an abuse of process. The court did not make a finding on standing, instead striking the petition out as premature.