B**w as court nullifies KU University Academic Staff Union polls
The University Academic Staff Union (Uasu) Kenyatta University chapter has suffered a major setback after the Employment and Labour Relations Court nullified its elections held on March 25.
Justice James Rika nullified the elections on Friday and ordered fresh polls be held within two months.
“Election results of March 25 are nullified and the Uasu KU chapter shall update the voters register and be advised by the registrar,” Justice Rika ruled.
Orders were issued after four lecturers claimed Uasu secretary unjustifiably excluded them from the voter register.
Franklin Kinoti, Chrispus Easier, Antony Wasena and Moses Opiyo had challenged the elections.
“It is declared that the Uasu KU chapter Executive and Secretary violated the petitioners fundamental right and freedoms under the Constitution and Labour Relations Act by excluding them from the voter register,” he stated.
Justice Rika further directed that no registration shall be effected by the Registrar of Trade Unions with regard to the results of March 25 elections.
Lecturers, through lawyer Danstan Omari, sought to have the court to nullify the election and compel the institution to conduct a fresh one. According to court papers, the petitioners argued that Uasu chairman conducted sham election to the exclusion of 147 legitimate voters.
Omari submitted to court that his clients were keen on participating in the elections but were locked out.
Petitioners say they are grieved by their unexplained and unjustified loss of their legitimate expectation to vote and participate in the lawful activities of the union that was held on March 25.
Basic rights
In his ruling, Justice Rika noted that the court was satisfied that the petitioners specified rights and freedoms under the Constitution and Labour Relations Act were violated, as they were denied the basic right of participating in their chapter’s elections.
“Petitioner’s rights and freedoms under Section 4 of the Labour Relations Act and Article 36 and 41 of the Constitution in particular were ravaged,” Rika ruled.
Justice Rika said the Registrar of Trade Unions interfered in the internal affairs of the trade unions.
“Role of the registrar is to register trade unions and regulate them in accordance with the law not to conduct internal processes,” Rika said.
He further noted that trade unions are voluntary organisation entitled to self-government and courts would not interfere with their internal decisions where democratic culture is ingrained
“It would not have been necessary for the Uasu to keep inviting the registrar in to assist in the electoral process had the union embraced internal democracy and demonstrated capacity to run a transparent, fair and accountable process,” he ruled.
