The Employment and Labour Relations Court has declined to issue urgent orders stopping the registration and gazettement of officials elected in the Central Organisation of Trade Unions (Cotu-K), handing Secretary-General Francis Atwoli an early legal reprieve.
At the same time, three unions representing teachers and medics have filed affidavits disowning the petition, distancing themselves from the case, and affirming the legitimacy of the Cotu elections.
In a decision delivered on Wednesday, the court refused to halt the recognition of leaders elected during the March 14 delegates’ conference in Kisumu.
The petition, filed by Fazul Mahamed and the Institute for Democratic Governance, had sought to block the Registrar of Trade Unions from formalising the election results, arguing the process violated the legally prescribed electoral cycle.
The petitioners claimed Cotu conducted its polls prematurely, before affiliate unions completed branch and national elections required to produce legitimate delegates.
But Cotu, through Atwoli’s affidavit, dismissed the case as “incompetent and legally defective”, arguing the petitioners lacked standing to challenge internal union processes.
Atwoli told the court the petitioners were “strangers” to Cotu and had no legal interest in its affairs, adding that only union members or officials can challenge such elections under the Labour Relations Act.
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
He maintained the elections were lawfully convened and conducted, with over 90 percent delegate quorum, far above the constitutional threshold of 51 per cent.
“The elections were conducted strictly in accordance with the Constitution and applicable law,” Cotu said in a statement following the ruling.
The court also heard that the elections had already been completed, results declared, and returns submitted to the Registrar, rendering the application overtaken by events.
Crucially, major unions cited in the petition distanced themselves from the case, weakening the petitioners’ claims of widespread dissent within the labour movement.
The Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPPDU) told the court it neither authorised nor supported the petition and fully backed the election outcome.
Its Secretary-General, Dr Davji Atella, confirmed the union participated in the conference through accredited delegates and described the elections as lawful and transparent.
Kenya Medical Practitioners, Pharmacists and Dentists' Union (KMPDU) Secretary General Dr Davji Bhimji Atellah.
Photo credit: File | Nation Media Group
The Kenya Union of Post Primary Education Teachers (Kuppet) also disowned the petition, stating it is not a paid-up Cotu affiliate and had no role in the elections.
Kuppet Secretary-General Akello Misori told the court the union neither attended nor participated in the vote and had no dispute arising from it.
Similarly, the Kenya National Union of Teachers (Knut) said it attended the conference only as an observer and did not take part in the electoral process, rejecting any link to the case, as seen in the affidavit on page 2 and 3.
These affidavits collectively backed Cotu’s argument that the petition lacked a factual and legal foundation.
The dispute centres on a circular issued by the Registrar of Trade Unions in September 2025, which outlined a phased election timeline for trade unions.
Petitioners argue Cotu violated that framework by holding its elections before affiliates completed theirs, undermining the legitimacy of delegates.
However, Cotu countered that the circular was only an administrative guide and did not impose rigid timelines.
Atwoli, a dominant figure in Kenya’s labour movement for decades, was re-elected unopposed for another term during the conference.
The court directed that the main petition and Cotu’s preliminary objection will be heard on May 12, leaving the substantive legal battle unresolved.
The development comes a day after Centre for Public Policy and Research filed a related suit challenging Mr Atwoli’s election, bring the number of court cases to four.
The petitioners seek the nullification of the elections, arguing that the exercise was conducted in violation of the legally prescribed trade union electoral framework. The cases are pending determination.
