Gazette Notice No. 18142 of 2025

Items 2

1. Legislation notice 1

   Link

   Issuing authority

   Chief Justice

   Court

   Employment and Labour Relations Court

   Registrar

   Registrar of the Employment and Labour Relations Court (Registers petitions in the Trade Union Election Petition Disputes Register.), Deputy Registrar (Included in the definition of Registrar.)

   Citation

   Employment and Labour Relations Court (Trade Union Election Disputes) Procedure and Practice Directions, 2025

   Application

   petitions in respect of trade union elections including for both workers trade unions and employers’ associations duly registered under the Labour Relations Act

   Objective

   to facilitate the just, expeditious, efficient and proportionate resolution of trade union election disputes

   Determination period

   within one hundred and eighty days from the date of filing the election petition

   Filing period

   within twenty one days from the date of declaration of the results of a trade union election

   Service period

   within not more than fifteen days of filing or such shorter time as the Court may direct

   Filing method

   electronically at the relevant court’s registry or sub registry and on the payment of the prescribed filing fees

   Response period

   within fifteen days of service

   Security payment period

   not more than ten days after the filing of the petition

   Pre trial conference period

   Within fourteen days after the date prescribed for service of the last response to a petition (the date for close of pleadings)

2. Legislation notice 2

   Link

   Issuing authority

   Chief Justice and President of the Supreme Court of Kenya

   Court

   Supreme Court of Kenya (Court named in the signatory’s office.), Court of Appeal (Appeals from decisions of the Court.), Court (Court administering trade union election petitions.)

   Potential witness

   Registrar of Trade Unions (May be directed to be a witness, produce documents or be enjoined as a party.)

   Registrar

   Registrar (Supervises scrutiny or recount and taxes or assesses costs.)

   Paragraph 10 3 a

   consider the prudent, efficient and economic use of storage and transport facilities;

   Paragraph 10 3 b

   consider the maintenance of the integrity of the election materials; and,

   Paragraph 10 3 c

   ensure that the election materials are not interfered with.

   Paragraph 10 4

   The Court may give directions for the Registrar of Trade Unions, any public or state officer or the person responsible for managing the trade union election subject of the election petition to be a witness, to produce documents or to be enjoined as a party in the petition for efficient and complete determination of the dispute.

   Paragraph 11

   Referral to alternative dispute resolution. 11. The Court may on its own motion or with the agreement or upon request of the parties direct that the matter be referred to alternative dispute resolution mechanisms and the Court may allocate timelines for that purpose.

   Paragraph 12 1

   Interlocutory applications. 12. (1) Interlocutory applications or preliminary objections by parties to the petition or by any person may be made only before the close of pleadings or as the Court may direct.

   Paragraph 12 2

   The court shall not allow any interlocutory application or preliminary objection to be made after the close of pleadings, if the interlocutory application or preliminary objection could have, by its nature, been brought before the close of pleadings.

   Paragraph 12 3

   As far as possible any interlocutory application or preliminary objection shall be heard and determined within fourteen days after the close of pleadings and prior to the pretrial conference.

   Paragraph 12 4

   For purposes of this paragraph, pleadings are deemed to close on the last date the response or replying affidavit to the petition is to be served.

   Paragraph 12 5

   Parties shall file interlocutory application, preliminary objection or response thereto together with their respective submissions so that the Court may determine the same expeditiously without necessity of hearing parties orally.

   Paragraph 13 1

   Scrutiny and recount. 13. (1) Where the only issue for determination in the petition is the count or tallying of votes received by the candidates, a petitioner may apply to the court for an order to—

   Paragraph 13 1 a

   recount the votes; or

   Paragraph 13 1 b

   examine the tallying.

   Paragraph 13 2

   The parties to the proceedings may apply for scrutiny of the votes for purposes of establishing the validity of the votes cast.

   Paragraph 13 3

   On an application under sub paragraph (2) above, the court may, if it is satisfied that there is sufficient reason, order for scrutiny or recount of the votes.

   Paragraph 13 4

   The scrutiny or recount of votes shall be carried out under the direct supervision of the Registrar and shall be subject to the directions of the Court.

   Paragraph 13 5

   The scrutiny or recount of votes shall be confined to the polling stations in which the results are disputed and may include the examination of—

   Paragraph 13 5 a

   a written complaint of a candidate and the representatives of the candidate;

   Paragraph 13 5 b

   the packets of spoilt papers;

   Paragraph 13 5 c

   the marked copy register;

   Paragraph 13 5 d

   the packets of counterfoils of used ballot papers;

   Paragraph 13 5 e

   the packets of counted ballot papers;

   Paragraph 13 5 f

   the packets of rejected ballot papers;

   Paragraph 13 5 g

   the statements showing the number of rejected ballot papers;

   Paragraph 13 5 h

   the minutes relating to the election process; and

   Paragraph 13 5 i

   the election reports.

   Paragraph 14

   Appeals. 14. Appeals from decisions of the Court shall go to the Court of Appeal against any judgement, award, order or decree issued by the Court in accordance with Article 164 (3) of the Constitution.

   Paragraph 15 1

   Costs. 15. (1) The costs of and incidental to the presentation of a petition shall be taxed or assessed by the Registrar upon the order of the Court, but subject to such express directions whether general or specific, as the Court may give.

   Paragraph 15 2

   The Court may direct that the whole or part of the money deposited as security for costs be applied in the payment of the taxed and certified costs.

   Paragraph 15 3

   There shall be paid in respect of all proceedings under these practice directions fees as prescribed under Schedule 2 of the Employment and Labour Relations Court (Procedure) Rules, 2024.

   Paragraph 16 1

   General powers of the Court. 16. (1) Upon own motion or application by a party and for reasons recorded, the Court may extend the time prescribed herein and as circumstances may warrant it.

   Paragraph 16 2

   The Court may, upon own motion or application by a party, grant leave to amend the petition or to file and serve a further affidavit within a period prescribed by the Court.

   Paragraph 16 3

   An election petition shall not be withdrawn without the leave of the Court and upon such terms as to the payment of costs the Court may order.

   Paragraph 16 4

   The Court shall hear and determine the trade union election petition expeditiously within one hundred and eighty days from the date of filing and as far as possible, the hearing shall be continued from day to day until it is concluded.

   Paragraph 16 5

   If a Judge of the Court hearing the trade union election petition is not able to conclude the hearing due to good reasons to be recorded, the trial shall be continued and concluded by any other Judge of the Court.

   Paragraph 16 6

   In addition to the prevailing divisions and the judicial docket management system, the Chief Justice may assign a Judge of the Court to hear and determine a trade union election petition in any specific circumstance as may be appropriate.

Everyone named

Pages for private people, including the deceased and petitioners, are public, but we ask search engines not to list them.

Corrections 0

Corrected by

No corrigendum in the issues we hold.

Cites

Constitution of Kenya (Protection of Rights and Fundamental Freedoms and Enforcement of the Constitution) Practice and Procedure Rules, rule 10 of the Employment and Labour Relations Court (Procedure) Rules, 2024, Legal Notice No. 133 of 2024 (no page yet)

Cite

Permalink funua.com/notices/2025/18142/.

About this data

Source

Official PDF of Vol. CXXVII No. 258, from Kenya Law

Extracted by

AI models

Model audit

An independent model agreed with 98 to 99% of compared values for land and succession notices, 97% overall. Agreement between models, not verified accuracy.

Review flag

None on this notice