Fresh case filed challenging Atwoli's re-election as Cotu boss

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

The petition, filed on Thursday by Francis Awino, seeks judicial review over aspects of the election process and the registration of union leadership. Awino argues that immediate intervention is necessary to address concerns before the new leadership assumes office and begins exercising authority over union affairs.

The move comes a day after the Employment and Labour Relations Court declined to halt the registration of elected officials in a separate case filed by petitioners Fazul Mahamed and the Institute for Democratic Governance. In that ruling on March 25, 2026, Lady Justice Jemimah Wanza Keli said:

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

Awino’s petition raises legality concerns over whether certain procedures during the elections fully complied with COTU’s internal rules and constitutional requirements.

He notes the public interest involved, stating that the matter is significant because COTU represents millions of Kenyan workers and participates in national governance structures.

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.

Awino seeks a court review to determine whether the election process adhered to COTU’s constitution, whether due notice and participation were afforded to all eligible members, and whether the registrar acted within legal bounds when confirming the results.

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

Awino argues that 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.

During the March 14, 2026 elections at Tom Mboya Labour College in Kisumu, Francis Atwoli was re-elected unopposed as Secretary-General of COTU-K.