The Universities Academic Staff Union (UASU) has suffered a setback after the Employment and Labour Relations Court in Nairobi upheld the Registrar of Trade Unions’ decision to cancel amendments to its constitution.
The ruling means the union’s 2026 elections will proceed under its old constitution, which retains term limits for top officials.
Registrar Anne Kanake had initially approved the 2024 amendments on August 5, 2025, but revoked the registration a day later after discovering that the changes had not met the mandatory two‑thirds majority required under UASU’s own constitution. Of the 449 delegates who voted, only 270 supported the proposals, falling short of the 299 votes needed.
UASU argued that once the Certificate of Alteration was issued, the registrar lacked authority to revisit her decision. However, the court found that the approval had been based on a material misrepresentation by the union’s secretary general, who claimed that a simple majority was sufficient for committee‑originated amendments. Judges Nduma Nderi and Jemimah Keli ruled that the registrar acted within her mandate, noting that rectification was necessary “to meet the ends of justice.”
ALSO READ:
Schools to introduce Nationhood Science in curriculum under proposed Education Amendment Bill
The contested amendments emerged 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.
Among the proposals was the removal of the two‑term limit for the secretary general, a move that sparked fierce opposition. Critics accused Secretary General Constantine Wasonga of attempting to extend his decade‑long tenure “through the back door.” Other contentious changes included the creation of a woman representative position and provisions allowing national office aspirants to automatically qualify as delegates.
The registrar had initially declined to register the amendments due to irregularities but later permitted a Special Delegates Conference (SDC) with a secret ballot. Although the certificate was issued on August 5, it was revoked the following day after the voting threshold was found to be unmet. UASU leadership challenged the reversal, insisting the registrar had no legal basis to retract her approval.
ALSO READ:
In the judgment, the court emphasized that the democratic will of union members must prevail over procedural technicalities.
“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 stated.
By Masaki Enock
You can also follow our social media pages on Twitter: Education News KE and Facebook: Education News Newspaper for timely updates.
>>> Click here to stay up-to-date with trending regional stories
>>> Click here to read more informed opinions on the country’s education landscape
