Nyeri Court nullifies union elections, says law violated

What you need to know:

  • Some 10 members led by John Makenge went to court arguing that the elections were scheduled to be held on October 5, last year but it never happened.
  • They told the court that on the material day while waiting to vote, a person purporting to be presiding officer from the union arrived and declared incumbent office holders as the duly elected officials and left the venue.

Nyeri Industrial Court has declared Kenya Union of Civil Servants Mbeere branch, Embu County elections null and void noting the exercise flouted the union’s constitution.

Some 10 members led by John Makenge went to court arguing that the elections were scheduled to be held on October 5, last year but it never happened.

They told the court that on the material day while waiting to vote, a person purporting to be presiding officer from the union arrived and declared incumbent office holders as the duly elected officials and left the venue.

The union’s secretary-general and registrar of trade unions were listed as respondents in the case.

The duo, however, urged the court to dismiss the suit insisting that elections were held and the regional Labour Officer was the returning officer insisting that on October 6, a report of the exercise was prepared.

Mr Makenge and his team told Judge Byram Ongaya that union elections are supposed to be decided by secret ballot, according to the union’s constitution.

The contest was for electing branch officials to fill the positions of women leader, young worker, secretary, assistant secretary, vice chairperson, chairperson, treasurer and assistant treasurer.

A returning officer’s letter dated October 6, last year indicates that the incumbents were unanimously elected explaining that their rivals did not meet the union’s requirements.

However, Justice Ongaya found that no valid reasons were given on the unanimous election and a list of other candidates was not provided.

He ruled that the declared election results were inconsistent with the union’s constitution and that fresh elections should be held.

“For avoidance of doubt the elections will be carried out afresh in accordance with the union’s constitution and relevant law and involving all eligible candidates and eligible voters,” ruled the judge.