https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/1847

Ojuka v Chebii & 2 others (Petition E142 of 2026) [2026] KEELRC 1847 (KLR) (30 June 2026) (Ruling) Neutral citation: [2026] KEELRC 1847 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Nairobi Petition E142 of 2026 M Mbarũ, J June 30, 2026 Between Ezra Odondi Ojuka Petitioner and Rev Joel Kandie Chebii 1st Respondent Registrar of Trade Unions 2nd Respondent and Tailors and Textiles Workers Union Interested Party Ruling 1.The petitioner filed an application dated 29 April 2026 seeking orders:Pending hearing and determination of the application inter-parties and determination of this suit, the court is pleased to issue an order of injunction restraining the respondents, their agents, servants and/or employees and representatives from taking any further precipitate action or effecting amendments to the constitution and rules of the Tailors and Textiles Workers Union. 2.The application is supported by the petitioner's supporting affidavit on the grounds that he is the national chairman of the interested party. He avers that on 22 January 2026, the 1st respondent purported to prepare minutes of the quinquennial conference of the same date containing minute 7/26 constitutional amendment, an item that was not on the agenda of the conference and forwarded the same to the 2nd respondent without certification by him as the chairman. 3.The petitioner avers in his affidavit that section 27(2)(a) of the Labour Relations Act (LRA) in the second schedule to the Act provides that the amendment to the constitution should be accompanied by a copy of the minutes at which the amendment was made, certified as a true copy by the chairman of the meeting. 4.Through a letter dated 21 April 2026, the 2nd respondent, without verifying that the petitioner had not signed the minutes as the national chairman, forwarded the Gazette Notice for the amendment of the interested party constitution to the Government Printer, which published it under Gazette Notice No. 6021 of 24 April 2026. Unless restrained by the court, the respondents will effect amendments to the constitution and rules of the interested party by 11 May 2026, after the expiry of a 21-day notice period. 5.In reply, the 1st respondent filed his replying affidavit, stating that he is the National General Secretary of the interested party. The orders sought by the petitioner for a stay of registration of the amendment to the union constitution have been overtaken by events, as the amendment was registered on 12 May 2026. The amendments were lawfully effected by the body mandated to do so at a meeting held on 22 January 2026. 6.Rev Kandie avers that the petitioner's attempts to stop the registration of the amendments to the constitution lack merit and that he lacks capacity to file the petition, as he failed to comply with the constitutional conditions regarding the amendments. There were no objections during the amendments. The amendments followed a resolution passed at the special and quinquennial conferences held by the interested party on 22 January 2026, as required under the constitution. 7.Rev Kandie avers that, as the General Secretary of the interested party, the instant application is without merit. There is no violation of the union constitution as alleged, and the application should be dismissed with costs. 8.The petitioner filed his further affidavit and avers that, through a letter dated 29 April 2026, the 2nd respondent wrote to the 1st respondent, bringing to his attention the objection to the proposed amendments to the constitution lodged on 23 April 2026. In the letter dated 29 April 2026 to the 2nd respondent, Silas Neso Otwala, the Treasurer of the interested party, also lodged objections to the proposed amendments to the constitution. 9.The petitioner avers that he is aware that the 1st respondent, as the SG of the interested party, has changed the signatories to the Union Bank accounts:a.Number 0010100001320 at Access Bank PLC.b.Number 10004028000053 at Middle East Bank.c.Number 0091005000010 at Credit Bank. 12.Despite the objections on 12 April 2026, the respondents took precipitate action to countermand and defeat the substratum of the suit, and the orders sought should be issued. 13.In the application, the petitioner submitted that the respondents should be prevented from amending the union constitution, as such amendments affect union affairs. The proposed amendments are premised on a special meeting held on 22 January 2026, and, as the Chairperson, he did not sign the minutes as required. He participated in the meeting, but no record was taken allowing for constitutional amendments. He objected to the amendments since there was no complaint regarding section 27(2) of the LRA. 14.Despite his objections, the 2nd respondent went ahead and allowed the publication of Gazette Notice No. 6021 of 24 April 2026. Unless the orders sought are issued to preserve and stop the implementation of the amendments, there will be loss and damage. 15.The 1st respondent submitted that the amended constitution took effect on 26 January 2026. The same is registered with Gazette Notice No. 6021 of 24 April 2026. During the hearing of the main petition, the 1st respondent will demonstrate how the amendments to the constitution were arrived at. The petition was filed in April 2026, well after the amendments to the interested party constitution had been effected. There is nothing to stop, and the constitutional amendments have already taken effect. 16.The 1st respondent submitted that there will be evidence presented to demonstrate the quinquennial conference proceedings that allowed for the amendments to the constitution.There is no response from the 2nd respondent. Determination 17.The single issue presented by the petitioner in his application is that, pending the hearing of the petitioner, an injunction restraining the respondents from taking any further precipitate action affecting amendments to the constitution and rules of the interested party be issued. 18.His case is that on 22 January 2026, the 1st respondent prepared minutes of the quinquennial conference containing minute 7/26 on constitutional amendments, an item not on the meeting agenda. He submitted the same to the 2nd respondent without certified copies, and this has since been registered through Gazette Notice No. 6021 of 24 April 2026. 19.The 1st respondent challenged the petitioner's averments and contended that events had already overtaken the petition, since the constitutional amendments had been registered and published in Gazette Notice No. 6021 of 24 April 2026. 20.A trade union, such as the interested party, is permitted to amend its constitution and rules. Under section 27(2) of the LRA, the trade union can amend its constitution by notice issued by the Secretary, which should also contain a copy of the resolution detailing the changes, together with the certificate signed by the Secretary.(2)A registered trade union, employers’ organisation or federation may apply to the Registrar to approve a change of name or an amendment to its constitution and rules by submitting to the Registrar—a.a notice in Form I or Form J, as the case may be, set out in the Second Schedule, duly completed and signed by the Secretary;b.a copy of the resolution containing details of the change; andc.a certificate signed by the Secretary stating that the resolution was passed in accordance with the constitution and rules. 21.In this case, the 1st respondent, as the defendant secretary, under section 2 of the LRA, is authorised to act and issue notice and certificate of the constitutional amendments. He confirms in his affidavit that the amendments have taken effect and been published through Gazette Notice No. 6021 of 24 April 2026. 22.The motions of such publication, including the amendments thus addressed, can only be analysed by a call of evidence. Where the challenged meeting giving rise to minute 7/26 was held on 22 January 2026, the petitioner filed his petition on 5 May 2027. 23.At this point, Gazette Notice No. 6021 of 24 April 2026 was issued. It requires that objections be made within 21 days of the date of the notice. The petitioner made objections on 23 April 2026. 24.The motions leading to the constitutional amendments are the core issue. It will be necessary to hear the petition on the merits. 25.Accordingly, orders sought shall not issue. The application dated 26 April 2026 has been declined. Costs shall be subject to the outcome of the petition. DELIVERED IN OPEN COURT THIS 30TH DAY OF JUNE, 2026.M. MBARŨJUDGEIn the presence of:Court Assistant: Samuel Maruga…………………………………………… and……………………………………………