Cotu Secretary General Francis AtwoliCotu Secretary General Francis Atwoli has secured a legal win after the Employment and Labour Relations Court struck out a petition challenging his re-election as Secretary-General of the Central Organisation of Trade Unions (COTU-K).
Justice Jemimah Keli, delivering the judgment on Thursday, ruled that the court lacked jurisdiction to determine the petition filed by Fazul Mahamed and the Institute for Democratic Governance.
The petitioners had challenged the March 14, 2026 election, in which Atwoli secured a sixth term as COTU-K Secretary-General, arguing that it was conducted before affiliate trade unions had completed their own electoral processes.
They contended that the trade union electoral cycle is governed by Section 34 of the Labour Relations Act and follows a sequential process, beginning with branch elections, then national elections, before the COTU leadership is elected.
The petitioners argued that the Registrar of Trade Unions had issued a circular on September 25, 2025, setting out the 2026 trade union elections calendar.
Under the timetable, branch elections were to be conducted between January 5 and March 31, 2026, while national elections were scheduled for April 1 to June 30.
COTU elections were to be held by August 30, they added.
However, according to their case, they said that COTU jumped ahead of the process by holding its elections on March 14, before affiliate unions had completed their branch and national elections.
They further maintained that COTU could not validly elect its officials before delegates from affiliate unions had been duly elected through the prescribed electoral process.
However, Justice Keli did not proceed to determine whether those allegations were valid.
Instead, she found that the petitioners had not established the employment or labour relationship necessary for the court to exercise jurisdiction over the dispute.
“Having taken time to consider this dispute, I found that the petitioners were neither members of trade unions nor having any interest at all in terms of labour relations with the respondents,” Justice Keli said.
The judge noted that the dispute concerned the registration and election of trade union officials, including the Secretary-General.
She said the provisions relied upon by the petitioners could not be considered in isolation, particularly in relation to Section 34 of the Labour Relations Act on trade union elections.
The court held that the jurisdiction of the Employment and Labour Relations Court arises from employment and labour relations disputes, including matters involving employees who are members of trade unions.
She observed that members of trade unions affiliated to COTU-K would have an employment relationship that could provide a basis for challenging the election of COTU-K officials.
In contrast, she said the petitioners had not demonstrated such a relationship with the trade union.
"The Court holds it has no jurisdiction to determine the petition; it's hereby struck out," the judge ruled consequently.
Atwoli was elected unopposed during the 15th Quinquennial Governing Council Delegates Conference held at Tom Mboya Labour College in Kisumu on March 14, securing another term at the helm of the umbrella organisation representing Kenya’s trade unions.
