Atwoli defends sixth-term win amid court challenge

The Central Organisation of Trade Unions Kenya (COTU-K) secretary general Francis Atwoli makes his address after he was re-elected unopposed on March 14, 2026/FAITH MATETE

The Central Organisation of Trade Unions Kenya (COTU-K) has dismissed a petition challenging its recently concluded elections, terming the claims as baseless and lacking legal standing.

The umbrella workers’ body was responding to a case filed in court by Fazul Mohamed alongside the Institute for Democratic Governance, which seeks to nullify the elections held on March 14, 2026, at the Tom Mboya Labour College in Kisumu.

COTU-K Secretary General Francis Atwoli defended the electoral process, insisting that the petitioner has no legitimate grounds to challenge the outcome.

“The petitioner is neither a member of any affiliate union of COTU (K), nor an official of any trade union, nor a participant in the electoral process,” Atwoli said in a statement. “He did not present himself for nomination for any position within COTU (K).”

Atwoli further emphasised that the elections were conducted in full compliance with the organisation’s constitution, noting that they attracted overwhelming participation from affiliated unions.

“The COTU (K) elections themselves were conducted with overwhelming participation from affiliated unions, with a quorum of 92 per cent of eligible delegates, which is above the constitutional requirement of 51 per cent,” he said.

According to COTU-K, by the time of the elections, more than 90 per cent of its paid-up affiliates had already completed their branch and national electoral processes, allowing their duly elected delegates to participate in the Kisumu vote.

“This high level of participation is a clear demonstration of the confidence that Kenyan workers and their unions have in the leadership and processes of COTU (K),” Atwoli added.

The organisation also addressed concerns raised in the petition regarding the participation of specific unions.

Atwoli clarified that the Kenya National Union of Teachers (KNUT) and the Kenya Union of Post-Primary Education Teachers (KUPPET) are not paid-up affiliates of COTU-K and therefore were not entitled to field delegates.

“With regard to the unions cited in the petition, COTU (K) wishes to clarify that KNUT and KUPPET are not paid-up affiliates and are, therefore, not entitled to have delegates in the election. They only participated as observers,” Atwoli explained.

On the participation of the Kenya Medical Practitioners Pharmacists and Dentists Union (KMPDU), Atwoli said the union was allowed representation in accordance with COTU’s constitution, despite not having concluded its own elections.

“Considering KMPDU was yet to conduct their national elections, the constitution of COTU (K) allows them to have three delegates in the elections, which they did under the leadership of their General Secretary, Dr Davji Atella,” he noted.

The petitioners, however, argue that the elections were conducted prematurely and in violation of the law, including the official electoral timelines issued by the Registrar of Trade Unions.

Court documents indicate that they believe COTU-K proceeded with the polls before all affiliate unions had completed their internal electoral cycles, which they claim is a mandatory requirement.

They are also contesting the outcome that saw Atwoli reportedly elected unopposed to a sixth term as Secretary General, raising concerns over transparency and adherence to due process.

Despite the challenge, COTU-K maintains that the elections were free, fair and in strict compliance with its governing framework.