The Universities Academic Staff Union (UASU) has lost an appeal
challenging the Registrar of Trade
Unions’ decision to cancel amendments to its constitution.
On Monday, the Employment and Labour Relations Court in
Nairobi ruled that Registrar Anne
Kanake acted within her mandate when she reversed the registration of
the 2024 UASU constitution a day after initially approving it.
The cancellation followed findings that the amendments failed to meet the mandatory two-thirds voting majority, a requirement under the union’s constitution.
UASU had argued that once the Certificate of Alteration was issued
on August 6, 2025, the registrar had no authority to revisit the decision.
However, the court noted that the
initial approval had been based on a material
misrepresentation by the union’s secretary general, who claimed that a
simple majority sufficed for committee-originated amendments.
Of the 449 votes cast, only 270 were in favour, falling short of the 299
votes required to constitute a two-thirds majority.
The dispute arises from a five-year constitutional review aimed
at aligning UASU’s governing document with the Constitution of Kenya 2010 and the Labour Relations Act 2007.
The proposed changes, adopted at the
32nd National Delegates Conference in
December 2024, included removing the two-term limit for the secretary
general—a proposal that sparked fierce opposition.
Critics accused Secretary General Constantine Wasonga of seeking to
extend his 10-year tenure “through the back door.” They also questioned the introduction of new positions like a woman representative
and other provisions allowing national position candidates to become automatic
delegates.
The registrar had initially refused
registration due to irregularities, but later allowed a Special Delegates Conference (SDC) with a secret ballot. The
certificate was issued on August 5, 2025, only to be revoked the following day. UASU
leadership challenged the reversal.
Judges Nduma Nderi and Jemimah Keli ruled that the registrar acted correctly.
"The overwhelming evidence
demonstrates that the amendment of the UASU constitution at the SDC held on
August 5, 2025, did not satisfy the requirements of Article 23 of the union
constitution. All other issues raised are subordinate to the democratic will of
union members," the judges ruled.
The court also rejected the union’s
argument that the registrar lacked authority to revisit her decision, noting
that the rectification “was necessary to meet the ends of justice.” Each party
was ordered to bear its own costs.
The ruling means UASU’s 2026 elections will likely proceed under its old constitution that maintains term limits.
