https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/1351

Kenya Tertiary & Schools Workers Union (KETASWU) v University Council, University of Nairobi & another (Petition 112 of 2018) [2026] KEELRC 1351 (KLR) (15 May 2026) (Ruling) Neutral citation: [2026] KEELRC 1351 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Nairobi Petition 112 of 2018 JW Keli, J May 15, 2026 Between Kenya Tertiary & Schools Workers Union (Ketaswu) Petitioner and The University Council, University Of Nairobi Respondent and Kenya Union of Domestic, Hotels, Education Institutions, Hospitals and Allied Workers (KUDHEIHA) Workers Interested Party Ruling 1.Following a successful defence of a petition filed against the Respondent by the Petitioner on behalf of its members, the court vide judgment delivered on 5th March 2021 dismissed the petition with costs to the Petitioner. In pursuit of earned costs, the Respondent faced a challenge at the court’s registry of access to the trial court file leading to an application by way of Notice of Motion dated 10th December 2025 in which it sought for the following reliefs:-1.That Honourable court be pleased to order the reconstruction of the court file in Nairobi ELRC Petition No. 112 of 2018.2.That the pleadings, documents, proceedings and orders annexed hereto be adopted as part of the reconstructed file.3.That such further and/or orders be made as this court may deem fit in the interest of justice. 2.The grounds of the application were as follows:1.That the original court file in this matter had been reported lost/misplaced and is not traceable despite diligent efforts, the absence of the court file has stalled further proceedings. 3.The Secretary General of the Petitioner, Paul Kinyangi responded to the application vide replying affidavit dated 16th February 2026 and stated the reconstruction was for execution yet they had not been served with taxation notice and further that the application is brought with delay. 4.The court found that there was only a single prayer for reconstruction. The court cannot lock the doors for litigants. 5.The allegation on the execution by the petitioner are misplaced for the simple reason that the Applicant has not sought any order beyond that of reconstruction. The lack of a trial file at the registry has blocked access to justice for the Applicant to file further proceedings. The lack of the file is evidenced by correspondence with the Court Deputy Registrar. The merit of the proceedings intended to be filed is not relevant to the instant application. 6.I find it is in the interest of justice to allow the application for reconstruction of the trial court. The court orders reconstruction of the court file in Nairobi ELRC Petition No. 112 of 2018. No Order as to costs. 7.It is so ordered. DATED, SIGNED, AND DELIVERED IN OPEN COURT AT NAIROBI THIS 15TH MAY, 2026.JEMIMAH KELI,JUDGE.In The Presence Of:Applicant- Mungania h/b OnyangoPetitioner- Kinyangi