The latest case filed by the Centre for Public Policy and Research brings the suits challenging Mr Atwoli’s election as Cotu’s boss to four.
Other cases had been filed by the African Electoral Observation Group, Mr Fazul Mahamed and the Institute for Democratic Governance,
The petitioners seek the nullification of the elections held on March 14, arguing that the exercise was conducted in violation of the legally prescribed trade union electoral framework.
Centre for Public Policy and Research argues that the election of Mr Atwoli was conducted prematurely, as the elections of affiliate unions have not been held in branches and at the national level.
“These actions are unlawful and procedurally irregular, undermining the Labour Relations Act’s electoral framework. No valid election of Cotu-K officials can occur without delegates properly elected by affiliate unions,” the organisation said.
The petition further added that despite a circular from the Registrar of Trade Unions on September 25, 2025, to Cotu and its affiliate trade unions on the conduct of elections, the unions failed to observe the directives contained in it.
The organisation argues that the pre-election requirements are mandatory and essential, but they were not fulfilled, rendering any purported elections illegal and void.
“That membership registers, both branch and national, remain un-updated. This constitutes a clear violation of the pre-election requirement of the circular, which explicitly conditions the validity of any election upon the prior updating of all membership records,” said the organisation.
The organisation stated that without an updated register, the pool of eligible voters cannot be reliably ascertained and this failure strikes at the very heart of electoral fairness and integrity.
The petition wants the court to quash the elections, which were held at Tom Mboya Labour College in Kisumu on March 14.
In the earlier petition, the African Electoral Observation Group said the Cotu bypassed mandatory branch and national union elections, which are required to produce legitimate delegates for its leadership polls.
According to court documents, the Registrar of Trade Unions had set August 30, 2026, as the deadline for Cotu-K’s elections, contingent upon affiliate unions first completing their internal polls.
However, Cotu proceeded with its election nearly six months ahead of schedule, with Mr Atwoli being declared unopposed for a sixth term.
“Cotu-K has no legal authority to conduct its elections until affiliate trade unions complete their branch and national-level polls, which produce the qualified delegates needed for a legitimate process,” the petitioner argues. “By skipping this sequence, the March 14 election is legally invalid.”
The organisation has named Cabinet Secretary for Labour, the Registrar of Trade Unions, the Labour Commissioner, Cotu-K, and the Attorney-General as respondents.
It has also named Mr Atwoli, the Kenya National Union of Teachers (Knut), the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU), and the Kenya Union of Post-Primary Education Teachers (Kuppet) as interested parties.
Mr Mohamed, a former Non-Governmental Organizations Board Executive Director and the Institute for Democratic Governance, said the Registrar of Trade Unions issued a circular on September 25, 2025, outlining a structured election timetable.
The circular allegedly stated that branch elections were to be held between January 5 and March 31, 2026, followed by national union elections from April 1 to June 30. Only then would umbrella bodies like Cotu-K be permitted to conduct their leadership polls by August 30.
However, the petitioner alleges that Cotu-K proceeded with its election before most affiliates had even begun their branch-level polls, rendering the process illegitimate.
“Cotu-K and its affiliate trade unions have not adhered to the directives contained in the circular dated September 25, 2025. Specifically, they have ignored the mandatory pre-election requirements set out, which establish the essential steps that must be completed before any elections can lawfully take place,” Mr Mohamed said.
