By Andrew Kariuki
The Employment and Labour Relations Court in Nairobi has ordered the Universities Academic Staff Union (UASU) to facilitate the registration of newly elected officials from its Meru University of Science and Technology (MUST) Chapter, following a legal challenge by union members.
The case, filed as Petition No. ELRCPET/E089/2026, was brought by Bendibbie Munyao Mulwa alongside three other petitioners, who accused the union’s leadership of failing to recognize and register duly elected officials.
Through their lawyer, Henry Kurauka, the petitioners argued that despite elections being conducted on January 28, 2026, the UASU National Secretary General had failed to submit the required Form Q to the Registrar of Trade Unions within the legally prescribed timeline.
According to court documents, the elections followed a notice issued by the Registrar of Trade Unions on September 25, 2025, directing that union elections be conducted between January 5 and March 31, 2026, in compliance with the Labour Relations Act.
The petitioners contended that the failure to submit the election results for registration amounted to a violation of their constitutional right to fair labour practices under Article 41. They further argued that the delay undermined the legitimacy of the elected officials and disrupted union governance at the MUST Chapter.
In a certificate of urgency dated March 13, 2026, the petitioners sought court intervention to compel both the UASU National Secretary General and the Registrar of Trade Unions to act, warning that continued inaction would prejudice the elected officials.
The court initially directed that the application be served on the respondents and scheduled the matter for hearing.
However, when the case came up for mention on March 24, 2026, parties recorded a consent which was adopted as an order of the court.
Under the consent orders, the UASU National Secretary General was directed to file Form Q for the registration of the newly elected MUST Chapter officials, based on election returns submitted by the Labour Officer in Meru County on February 8, 2026.
The Registrar of Trade Unions was further ordered to recognize and register the officials on or before March 27, 2026.
The ruling effectively resolves the dispute, paving the way for the formal recognition of the MUST Chapter leadership and reinforcing compliance with statutory requirements governing trade union elections.
