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.
