A petition has been filed before the Employment and Labour Relations Court of Kenya challenging the conduct and outcome of the Central Organisation of Trade Unions (COTU-K) elections held on March 14, 2026, at the Tom Mboya Labour College in Kisumu.
The case, filed by Fazul Mahamed alongside the Institute for Democratic Governance, contests the legality of the polls in which Francis Atwoli was reportedly elected unopposed to a sixth term as Secretary General.
Allegations of Irregularities
According to court filings, the petitioners argue that the elections were conducted prematurely and in violation of statutory requirements, as well as timelines issued by the Registrar of Trade Unions.
They contend that COTU-K proceeded with its elections before affiliate unions had completed their branch and national electoral processes steps considered mandatory within the structured cycle of trade union elections.
The petition further outlines several alleged irregularities, including:
- Failure to update membership registers
- Lack of proper notice for elective positions
- Absence of an independent electoral body
- Failure to publish a voters’ register
- Questions surrounding the legitimacy of participating delegates
The applicants argue that bypassing the sequential electoral process undermines democratic governance within trade unions.
Court Orders and Next Steps
When the matter came before Justice Jacob Gakeri on March 17, 2026, the court certified the application as urgent. The judge directed that the petition be served to respondents within four days.
The case is scheduled for an inter partes hearing on March 24, 2026.
Relief Sought
The petitioners are seeking conservatory orders to:
- Bar the Registrar of Trade Unions from registering or gazetting the newly elected officials
- Restrain those declared winners, including Atwoli, from assuming office pending the determination of the case
They warn that failure to intervene could disenfranchise union members and weaken transparency, accountability, and adherence to the rule of law in trade union governance.
Broader Implications
The outcome of the case could have significant implications for labour movement leadership and electoral processes in Kenya, particularly regarding compliance with statutory procedures and internal democratic standards within umbrella trade union bodies.
