The Employment and Labour Relations Court in Nairobi has directed the Universities Academic Staff Union (UASU) to proceed with the registration of newly elected officials from its Meru University of Science and Technology (MUST) Chapter, bringing to an end a dispute over delayed recognition of the election results.
The petition, filed as ELRCPET/E089/2026 by Bendibbie Munyao Mulwa and three others, challenged the union’s failure to formalize the outcome of elections held on January 28, 2026.
Represented by advocate Henry Kurauka, the petitioners told the court that despite being duly elected, the UASU National Secretary General had not submitted the mandatory Form Q to the Registrar of Trade Unions within the timelines required by law.
Court documents show that the elections were conducted pursuant to a directive issued on September 25, 2025, requiring all trade unions to hold elections between January 5 and March 31, 2026, in line with the Labour Relations Act.
The petitioners argued that the delay in submitting and registering the results violated their constitutional rights under Article 41, which guarantees fair labour practices. They further maintained that the inaction had disrupted leadership and operations within the MUST Chapter.
In their urgent application dated March 13, 2026, the petitioners sought orders compelling both the UASU National Secretary General and the Registrar of Trade Unions to act, warning that continued delay would undermine the validity of the electoral process.
The court initially directed that the application be served on the respondents and set the matter down for further directions.
However, when the case came up on March 24, 2026, the parties reached a consent agreement, which the court adopted as its order.
Under the consent, the UASU National Secretary General was ordered to submit Form Q based on the election returns filed by the Meru County Labour Officer on February 8, 2026. The Registrar of Trade Unions was also directed to register and recognize the officials by March 27, 2026.
The orders effectively clear the way for the formal recognition of the newly elected officials, reinforcing adherence to statutory timelines governing trade union elections.
