Veteran trade unionist Francis Atwoli’s re-election as Secretary-General of the Central Organisation of Trade Unions (Cotu-K) has been challenged in court over claims the process violated the law governing trade union elections.
Two petitioners, Fazul Mahamed and the Institute for Democratic Governance, argue that the vote was conducted prematurely and outside the legally prescribed electoral cycle for trade unions.
In the petition filed at the Employment and Labour Relations Court in Nairobi, the petitioners are seeking to nullify the outcome of the election conducted on March 14 during Cotu’s 15th quinquennial governing council delegates conference in Kisumu.
Francis Atwoli addresses delegates during the 15th Quinquennial Governing Council Conference and Elections of the Central Organization of Trade Unions (Cotu) at Tom Mboya Labour College in Kisumu on March 14, 2026.
Photo credit: Alex Odhiambo | Nation Media Group
During the election Mr Atwoli was elected unopposed to serve a sixth term as Secretary-General of the workers’ umbrella body.
However, the petitioners say the election was conducted before the official national election phase for trade unions had begun and hence Mr Atwoli’s election is invalid.
They argue that the Registrar of Trade Unions had earlier issued a circular outlining the official electoral cycle for the 2026 trade union elections.
The circular provided that branch elections would run from January 5 to March 31, national elections from April 1 to June 30, while Cotu elections were to be conducted by August 30.
The petitioners contend that Cotu proceeded with its elections before affiliate unions concluded their branch and national elections, which are required to produce delegates who elect Cotu officials.
Francis Atwoli breaks into a celebratory dance after being re-elected Secretary General of the Central Organization of Trade Unions (Cotu) at Tom Mboya Labour College on March 14, 2026.
Photo credit: Alex Odhiambo | Nation Media Group
“This conduct is unlawful and wholly undermines the democratic and statutory electoral process,” the petition states, adding that the decision to elect Cotu officials before affiliate unions completed their internal elections undermined democratic governance within the labour movement.
Other officials whose election is targeted by the petition include Japheth Mwendwa, Rev Joel Chebii, Francis Murage, Benson Okwaro, Ernest Nadome, Caroline Rutto, Rebecca Nyathogora, Washington Adongo, Francis Wangara, Joseph Nyabiya and Nelson Mwaliki.
The petition argues that Cotu officials cannot be validly elected without delegates duly elected from affiliated trade unions across the country.
By conducting elections before the completion of the lower level polls, the umbrella union is accused of reversing the established democratic process within trade unions.
They argue that the contested election was akin to putting the “cart before the horse”. They further question the identity and legitimacy of delegates who participated in the election.
“Who were the voters in the Cotu elections and were they bona fide representatives of the affiliate trade unions?” the petition asks.
The petition claims membership registers of affiliated unions had not been updated before the elections as required by law.
It further alleges that no voters’ register was published to enable members verify eligibility and raise objections.
“The failure to publish such a register effectively concealed who was entitled to vote and opened the process to manipulation,” the petition states.
The petitioners also accuse the organisers of failing to conduct scrutiny of nomination papers to determine whether candidates met eligibility requirements for the various offices.
They argue that the absence of such safeguards undermined the legitimacy of the entire nomination and election process.
Francis Atwoli (left) during the 15th Quinquennial Governing Council Conference and Elections of the Central Organization of Trade Unions (Cotu) at Tom Mboya Labour College in Kisumu on March 14, 2026.
Photo credit: Alex Odhiambo | Nation Media Group
In addition, the court papers say no official voting centres were designated or communicated to union members before the election.
The petition states that without designated polling stations, there is no verifiable evidence showing where or how voting took place.
The petitioners argue that these alleged failures denied union members the opportunity to participate in the democratic election of their leaders.
They warn that the election risks disenfranchising workers and undermining constitutional principles of transparency, accountability and participation.
“This omission renders any subsequent elections non-compliant with the circular and the law,” the petition states.
They want the court to declare the elections illegal, null and void, stop the Registrar of Trade Unions from gazetting the results, and bar those declared elected from assuming office.
The court has certified the application as urgent and directed the respondents to file responses within four days. The case will be mentioned in court on March 24 for further directions and an inter partes hearing.
