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Court of AppealPartially AllowedNairobi Civil Appeal Number E534 of 2021

Universities Academic Staff Union (UASU) & another v General & another; Kenyatta University Chapter Election Board & 19 others (Interested Parties) (Civil Appeal E301 of 2024) [2025] KECA 2022 (KLR)

Court of Appeal
28 November 2025
6,966 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~28 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal upheld the rejection of UASU Kenyatta University Chapter's election results because the elections ignored court-ordered timelines and procedures.

What this practically means

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Executive summary

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This was a first appeal to the Court of Appeal against the judgment of Mwaure, J. in the Employment and Labour Relations Court (ELRC Constitutional Petition No. E157 of 2023, delivered 9th February 2024), which had dismissed a petition challenging the Registrar of Trade Unions' refusal to register officials elected at the UASU Kenyatta University Chapter's fresh elections of 27th February 2023. Those elections were held pursuant to orders in Nairobi ELRC Petition No. E043 of 2021, which had nullified the Chapter's elections of 25th March 2021 and directed an updated voters' register, inspection, concurrence of the Elections Board and Registrar, and fresh elections within 60 days. The Court of Appeal held that the appeal had been argued as if it were the petition before the ELRC, and re-stated the duty of a first appellate court to re-evaluate the evidence while being slow to disturb trial court findings of fact. The Court framed three issues: the nature of the elections directed in Petition No. E043 of 2021, whether the directions were complied with, and whether the learned Judge was correct. It found the fresh elections were not conducted in the manner contemplated by the earlier orders because the register was not updated and inspected afresh after the five-month stay, the 60-day timelines were breached, and the 14-day notice required by the UASU constitution had to run continuously rather than in broken segments. The Court accordingly upheld the judgment below, varying only the commencement of the compliance timelines to run from the date of its own judgment, and made no order as to costs. The appeal succeeded only to that limited extent.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.The nature of the elections that were directed to be held by the order made in Petition No. E043 of 2021
  2. 2.Whether the directions issued in Petition No. E043 of 2021 were complied with in the subsequent elections
  3. 3.Whether the learned Judge was correct in arriving at the decision arrived at

Key legal issues

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01

Compliance with court orders directing fresh elections

Holding

The fresh elections of 27th February 2023 did not comply with the orders in Petition No. E043 of 2021 because the register was not updated and inspected afresh and the elections were not held within 60 days of the judgment.

Reasoning

The elections were initially slated for 15th September 2022 but were stayed until 24th February 2023. The court had stipulated that the members' register be updated, inspected and the elections conducted within 60 days. The strict timelines were meant to keep the register up to date; a five-month lull during which court battles raged could not be in sync with that decision.

p. 11
02

Notice period under the Union's constitution

Holding

The UASU constitution contemplated a continuous 14-day notification of the election date, which was not met where the notices ran with breaks in between.

Reasoning

The learned Judge found, and this Court agreed, that although the appellants argued the aggregate notices totalled 14 or 15 days, the constitution required the notice to run concurrently for 14 days, and with the six-month gap between the first notice and the ruling a fresh notice was prudent.

p. 11
03

Validity of the Registrar's refusal to register the elected officials

Holding

The Registrar acted within her powers in refusing to register the new officials because the elections were not conducted in accordance with the court orders.

Reasoning

Having established that the fresh elections did not satisfy the Union's constitution and the orders in Petition No. E043 of 2021, the Registrar was entitled to reject the application to register the new officials; the appellants' rights were not violated.

p. 6

Legal principles established

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  • Where elections are conducted pursuant to a court order, the court's directions must be adhered to; a party who finds an order irregular or incapable of performance must return to the court for revision, interpretation or variation rather than purporting to comply with it in a mutated form.
  • An appellate court is slow to reverse a trial court's findings of fact unless it is shown that the trial court took into account matters it should not have, failed to take into account matters it should have, misapprehended the evidence, or acted on wrong principles.

Court orders

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  1. 1.The judgment delivered on 9th February 2024 in ELRC Constitutional Petition No. E157 of 2023 is upheld, save that the timelines start running from the date of the Court of Appeal judgment
  2. 2.No order as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

majority

Wrote the judgment

majority

Wrote the judgment

On appeal from
Employment and Labour Relations Court
ELRC Constitutional Petition No. E157 of 2023
Jurisdiction invoked
First appeal to the Court of Appeal from the Employment and Labour Relations Court (Nairobi Civil Appeal Number E534 of 2021)

Relief refused

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Declaration that the Registrar's refusal to register the Chapter's officials violated the appellants' fundamental rights under Articles 41 and 47 of the Constitution

The fresh elections did not comply with the court orders in Petition No. E043 of 2021 and the Union's constitution, so the Registrar acted within her powers

p. 11

Costs

We make no order as to costs.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

We uphold the judgement delivered on 9th February 2024 in ELRC Constitutional Petition No. E157 of 2023, save that we now order that the timelines start running from the date of this judgement.
p. 11Final orders - disposition
where a party is of the view that an order, as issued, may cause undue hardship in terms of its implementation, the recourse is to apply for an appropriate variation thereto, rather than giving it a difierent complexion and purporting to comply with it, in that mutated form.
p. 10Duty to comply with or seek variation of court orders
where elections are being conducted pursuant to an order of the court, those directions must be adhered to unless, in giving directions, the court failed to address its mind to certain necessary steps
p. 10Primacy of court directions in court-supervised elections
We make no order as to costs.
p. 12Costs

Issues in the judgment

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minor

The judgment inconsistently dates the judgment in Petition No. E043 of 2021 as delivered on 20th August 2021 while the trial court's orders are referred to as of 21st August 2021.

minor

The trial court's petition is dated 9th August 2021 in the conclusion, though the petition triggering the appeal is ELRC Petition No. E157 of 2023 (petition dated 9th August 2023 according to context).

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Universities Academic Staff Union (UASU) & another v General & another; Kenyatta University Chapter Election Board & 19 others (Interested Parties) (Civil Appeal E301 of 2024) [2025] KECA 2022 (KLR)", Case Analysis (2025). Nairobi Civil Appeal Number E534 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2022/eng@2025-11-28

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.