BY SAM ALFAN.
Registrar of Trade Unions has been barred from registering the declared winners of the UASU Kenyatta University of elections held on March 25, 2021.
Employment and Labour Relations Court Judge James Rika issued the order after four Kenyatta University lecturers challenged the said elections held last week.
“A conservatory order is issued directing Registrar of Trade unions not to register the names of candidates who were declared winners, in the elections of the UASU Kenyatta University held on March 25,2021 pending hearing and determination of the Application,” oreded Judge Rika.
Justice Rika also certified the matter by Franklin Kinoti, Chrispus Easier, Antony Wasena and Moses Opiyo who have challenged the University Academic Staff Union’s KU chapter elections as urgent and directed the same to be heard during the Easter Vacation.
In his ruling, the judge declined to issue an order of temporary nullification of election results pending the hearing of the case.
Lecturers through city lawyer Danstan Omari, wants the court to nullify the election results and compel the UASU Kenyatta university to conduct a fresh election.
The four petitioners claim that the UASU secretary unjustifiably excluded them and 145 other lecturers from the voter register.
According to the court papers, they argue that the chairman of UASU on March 25, 2021 did conduct a sham election to the exclusion of 147 legitimate voters who are fully subscribed members of the UASU Kenyatta University chapter.
Lawyer Omari argued that his clients were keen on participating in the union elections but were not granted the opportunity.
“An order compelling the UASU to forthwith update its voter register issued on February 12, 2021 by including the 147 disenfranchised members of the union within reasonable time to ensure the legitimate voters participate fully in the fresh elections,” they urged the court.
The four lecturers told the court that 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.
The four argue that they have fully subscribed as members of the union having met all requirements set under the union’s constitution thus legitimately expected to participate the UASU elections that were held on March 25, 2021 but were unable to do so because their names had been excluded from the voters’ register.
Omari says that there is no justification why the impugned voter register has unlawfully discriminated against his clients by excluding them from the register yet they are all qualified to participate in the elections.
According to the court documents UASU secretary has frustrated member registration when he closed the union doors consequently locking out persons that wished to register between then and December 31, 2020 when the registration process was scheduled.
