GAZETTE NOTICE NO. 18142

PURSUANT to the provisions of Articles 22 (3) and (4), 159 (2), 161 (2) (a), 162 (2) (a), 165 (5) (b) and, as read with Article 41 of the Constitution of Kenya and in exercise of the powers conferred under section 10 of the Judicature Act, sections 5 (1) and 2 (c) of the Judicial Service Act, 2011 and section 27 as read with section 3 of the Employment and Labour Relations Court Act and section 34 (4) of the Labour Relations Act, the Chief Justice issues the following Procedure and Practice Directions— Citation. 1. These procedure and practice directions may be cited as the Employment and Labour Relations Court (Trade Union Election Disputes) Procedure and Practice Directions, 2025. Interpretation. Cap. 8E 2. In these procedure and practice directions, unless the context otherwise requires— “Act” means the Employment and Labour Relations Court Act; “Court” means the Employment and Labour Relations Court and includes a Judge of the court; “election petition” means a Trade Union election petition; “petitioner” in relation to an election petition, means the person who files or lodges an election petition or a cross petition arising from a trade union election process; “Registrar” means the Registrar of the Employment and Labour Relations Court and includes a Deputy Registrar; “respondent” in relation to a petition, means— (a) the person whose election is complained of; (b) the returning officer or any person responsible for management of a trade union election; and (c) any other person whose conduct is complained of in relation to an election. Application. Cap. 233 3. (1) These procedure and practice directions shall apply to petitions in respect of trade union elections including for both workers trade unions and employers’ associations duly registered under the Labour Relations Act. (2) A petition about a trade union election dispute is essentially for enforcement of the right to fair labour relations as provided in Article 41 and the other relevant provisions of the Bill of Rights in the Constitution and shall be instituted in accordance with the Constitution of Kenya (Protection of Rights and Fundamental Freedoms and Enforcement of the Constitution) Practice and Procedure Rules as provided for in rule 10 of the Employment and Labour Relations Court (Procedure) Rules, 2024. Objective. 4. (1) The objective of these procedure and practice directions is to facilitate the just, expeditious, efficient and proportionate resolution of trade union election disputes. (2) A party to a petition or an advocate for the party shall assist the Court to further the objective of these practice directions and for that purpose, to participate in the processes of the court and to comply with the directions and orders of the court. (3) The Court shall determine a trade union dispute within one hundred and eighty days from the date of filing the election petition. Filing of election petition. 5. (1) An election petition shall expressly state that the petitioner is entitled to petition under section 34(4) of the Labour Relations Act which provides that disputes arising from election of trade union officials or connected directly or indirectly to the elections may be referred to the Court. 8990 8990 (2) In addition to provisions of the Rules on the title, a person filing the election petition shall title it as such by providing for the number and year of filing at the top thus “Election Petition No. … of ...(year)”. (3) An election petition shall be— (a) filed within twenty one days from the date of declaration of the results of a trade union election; (b) served upon the respondent together with the affidavit and exhibits within not more than fifteen days of filing or such shorter time as the Court may direct; and, (c) filed electronically at the relevant court’s registry or sub registry and on the payment of the prescribed filing fees. Contents of election petition. 6. (1) An election petition shall state— (a) the name, physical and postal address, email address, telephone number and any other necessary particulars of the petitioner, respondent or the union official whose election is challenged; (b) the venue and date when the election in dispute was conducted; (c) the results of the election, if any, and however declared; (d) the date of the declaration of the results of the election; (e) the grounds of law or fact and particulars upon which the petition is presented; and (f) the relief the Court is requested to grant. (2) The petition shall be divided into paragraphs, each of which shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively. (3) The petition shall conclude with a statement of particulars of the reliefs sought. (4) The petition shall— (a) be signed by the petitioner or by the petitioner’s advocate; (b) be supported by an affidavit sworn by the petitioner exhibiting all relevant documents relied upon; and, (c) a list of the petitioner’s witnesses, if any, together with the affidavit signed by such witness. (5) Where more than one petition is presented relating to the same election, such petitions may be consolidated and dealt with together, so far as the consolidation makes the inquiry into the concerned election more convenient, efficient and complete. Response to petition. 7. Upon service of a petition, a respondent who wishes to oppose the petition shall within fifteen days of service, file and serve— (a) a response to the petition which shall be in form of a replying affidavit sworn by the respondent exhibiting all relevant documents relied upon; and, (b) a list of witnesses, if any, together with the affidavit signed by such witness. Security for costs. 8. (l) At the time of filing a petition, a petitioner may deposit security for the prompt payment of costs that may become payable by the petitioner. (2) The security to be deposited under paragraph (l) shall be— (a) determined by the Court or as maybe fixed in the rules of the Court; and, (b) payable by the petitioner not more than ten days after the filing of the petition. Register of petitions 9. (1) Each registry and sub registry of the Court shall maintain a register for Trade Union Election Petition Disputes. (2) Upon receipt of a petition, the Registrar shall register the petition in the Trade Union Election Petition Disputes Register by entering the petition registration number, names and addresses of the parties and their advocates, the reliefs sought and, subsequently, the final outcome of the petition. Pre-trial conference. 10. (1) Within fourteen days after the date prescribed for service of the last response to a petition (the date for close of pleadings), the Court shall schedule a pre-trial conference in which the court shall— (a) frame the contested and uncontested issues in the petition; (b) analyze methods for resolving the contested issues; (c) determine interlocutory applications; (d) confirm the number of witnesses the parties intend to call; (e) give an order, where necessary, for furnishing further particulars; (f) give directions for the disposal of the petition or any outstanding issues; (g) give directions as to the place and time of hearing the petition; (h) give directions as to the filing and serving of any further affidavit or the giving of additional evidence; (i) give directions on limiting the volume of any copies of documents that may be required to be filed; or (j) make such other orders as may be necessary. (2) Upon the conclusion of the pre-trial conference, the Court may give directions on— (a) the storage of the election materials including used ballot boxes, the packets of counted, spoilt and rejected ballot papers, the register of union members and voters register, the marked copy of voters register, the packets of counterfoil of used ballot papers, the statement or record verifying counted, spoilt and rejected ballot papers, the minutes or authentic report relating to the election process, and, any further documents relating to the election dispute in the petition; (b) the digital or electronic storage or custody of any the election materials mentioned in paragraph 10(2)(a) above as may be appropriate; (c) the handling and safety of the election materials; and, (d) the time for furnishing the election materials to the Court. (3) In giving the storage directions, the court shall— 11th December, 2025 THE KENYA GAZETTE (a) consider the prudent, efficient and economic use of storage and transport facilities; (b) consider the maintenance of the integrity of the election materials; and, (c) ensure that the election materials are not interfered with. (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. 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. 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. (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. (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. (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. (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. 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— (a) recount the votes; or (b) examine the tallying. (2) The parties to the proceedings may apply for scrutiny of the votes for purposes of establishing the validity of the votes cast. (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. (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. (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— (a) a written complaint of a candidate and the representatives of the candidate; (b) the packets of spoilt papers; (c) the marked copy register; (d) the packets of counterfoils of used ballot papers; (e) the packets of counted ballot papers; (f) the packets of rejected ballot papers; (g) the statements showing the number of rejected ballot papers; (h) the minutes relating to the election process; and (i) the election reports. 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. Costs. L.N. 133 of 2024 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. (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. (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. 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. (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. (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. (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. (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. (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. Dated the 1st September, 2025. MARTHA K. KOOME, Chief Justice and President of the Supreme Court of Kenya. 8992 8992