Republic v Kenya Universities Staff Union; Osogo & another (Ex parte Applicants) (Employment and Labour Relations Judicial Review E040 of 2023) [2025] KEELRC 3759 (KLR) (18 December 2025) (Judgment)

Summary at a glance

Facts

The Ex-parte Applicants were expelled from the Kenya Universities Staff Union (KUSU) by a vote of no confidence at the KUSU Annual Delegates Conference (ADC) held on 17th November 2023. They were removed from their elected positions as Deputy Secretary General and Branch Chairman of the Kibabii Branch of KUSU.

Issues

• Whether the KUSU had a valid reason to expel the Ex-parte Applicants from the union membership and official positions.
• Whether the KUSU followed a fair procedure in expelling the Ex-parte Applicants.
• Whether the Ex-parte Applicants are entitled to the reliefs sought.

Reasoning

The court ruled that the KUSU's conduct violated the Applicants' rights to be heard, fair labour practices, and procedural fairness. The court found that the KUSU did not provide notice of alleged misconduct or an opportunity to respond, thus violating the constitution and the Fair Administrative Action Act.

Outcome

The application is granted, and the Ex-parte Applicants are entitled to the reliefs sought.

Orders

• Leave granted to apply for an order of certiorari to quash the KUSU's decision to revoke the Ex-parte Applicants' membership.
• Leave granted to apply for an order of mandamus to reinstate the Ex-parte Applicants as members of the KUSU and recognize them as members and officials of the union with immediate effect.

Remedies

• Reinstatement of the Ex-parte Applicants as members of the KUSU and recognition as members and officials of the union with immediate effect.

Authorities cited