Fresh petition filed challenging COTU’s elections

Veteran trade unionist Francis Atwoli re-elected unopposed as the Secretary General of the Central Organisation of Trade Unions (Kenya) during a delegates meeting held at the Tom Mboya Labour College in Kisumu/FAITH MATETE

A fresh petition has been filed before the High Court challenging the recently concluded Central Organization of Trade Unions (COTU) elections.

The move comes a day after the Employment and Labour Relations Court declined to halt the registration of elected officials in a separate case by petitioners Fazul Mahamed and the Institute for democratic governance.

The petition, brought by Francis Awino on Thursday, seeks judicial review over aspects of the election process and the registration of union leadership.

The petition comes amid concerns raised that certain procedures during the elections may not have fully complied with COTU’s internal rules or constitutional requirements.

Francis Atwoli was re‑elected unopposed as the Secretary‑General of the Central Organization of Trade Unions (COTU‑K) during the elections held at the Tom Mboya Labour College in Kisumu on March 14, 2026.

Awino argues that immediate judicial intervention is necessary to address concerns before the new leadership assumes office and begins exercising authority over union affairs.

In the previous ruling at the Employment Court on March 25, 2026, Lady Justice Jemimah Wanza Keli declined to issue interim conservatory orders stopping the registrar from registering the elected officials.

"Having heard the parties, the court declines to issue interim orders sought in the application dated 16th March 2026 as there is evidence of registration of the elected officials of COTU under the affidavit of Acting Registrar of Kananu," Justice Wanza ruled.

"The court declines to issue conservatory orders as the same have been overtaken by events."

Despite the ruling, Awino’s fresh petition raises legality concerns about the elections and registration process.

"That the matter raises issues of public importance, given that COTU(K) represents millions of Kenyan workers and participates in national governance structures," he states.

The case cites potential violations of constitutional rights, including Article 35 on access to information, Article 41 on labour rights, and Article 47 on fair administrative action. 

It also underscores the wider implications for governance and decision-making in the labour sector, noting that COTU is a national labour federation representing millions of workers.

The application requests that the court hear the matter during the High Court recess, citing urgency due to the risk of irreparable harm if the impugned leadership assumes office.

According to Awino, allowing the registration to stand without review could render any subsequent judicial findings academic and limit the ability to address potential breaches of union rules and electoral procedures.

Among the reliefs sought, Awino asks the court to examine whether the election process adhered to COTU’s constitution, whether due notice and participation were provided to all eligible members, and whether the registrar acted within the bounds of law when processing and confirming the results.

The petition also seeks conservatory measures to preserve the status of the election outcomes and prevent decisions that may impact union operations and public-interest resources.