Mutunga & 8 others v Mwani & 8 others (Miscellaneous Application E002 of 2026) [2026] KEELRC 825 (KLR) (19 March 2026) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 825
- Citation
- [2026] KEELRC 825 (KLR)
- Decided
- 19 March 2026
Summary at a glance
TypeMiscellaneous ApplicationPostureApplication for leave to file petition out of timeCoramM. MBARŨ
The application is dismissed as the applicants cannot file a petition out of time due to the mandatory time limit set by the LRA.
Facts
The applicants are members of the Kenya Engineering Workers Union and were unable to participate in the union elections held on 9 January 2026 due to the County Labour Officer's refusal to provide them with documents.
Issues
- Whether the applicants can file a petition out of time to contest the union elections held on 9 January 2026
- Whether the applicants' petition is in compliance with the Trade Unions Elections (Election Petition) Rules and the Labour Relations Act
Reasoning
The applicants' petition is premised on repealed provisions and cannot be filed out of time as the elections were held on 9 January 2026, and the LRA's time limit for filing a petition is mandatory.
Outcome
Application dismissed
Orders
- Application for leave to file petition out of time is dismissed
Authorities cited
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