NAIROBI, Kenya — A new legal challenge has been filed contesting the re-election of Francis Atwoli as Secretary General of Central Organisation of Trade Unions (COTU-K), intensifying scrutiny over the legitimacy of the March 14 poll that saw him secure a sixth term unopposed.
The petition, lodged by the Centre for Public Policy and Research, seeks to have the election nullified, citing alleged violations of the established trade union electoral framework.
In court filings, the organisation argues that the elections were conducted prematurely and failed to comply with procedures outlined by the Registrar of Trade Unions.
“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 petitioner stated.
At the centre of the dispute is the claim that affiliate unions had not completed their internal electoral processes, including branch and national elections, which are required to produce legitimate delegates for participation in COTU-K elections.
According to the petition, a circular issued by the Registrar of Trade Unions on September 25, 2025, set out a clear electoral timeline.
It required branch elections to be conducted between January 5 and March 31, 2026, followed by national union elections between April 1 and June 30. Umbrella bodies such as COTU-K were then expected to hold elections by August 30, 2026.
“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. By skipping this sequence, the March 14 election is legally invalid,” the petition argues.
The petitioner further alleges that membership registers, both at branch and national levels, were not updated prior to the election, contrary to legal requirements.
“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,” the organisation said.
The case adds to a growing list of legal challenges surrounding Atwoli’s latest term. At least three other petitions, filed by the African Electoral Observation Group, Fazul Mahamed, and the Institute for Democratic Governance, are also before the courts, raising similar concerns about the process.
Also Read: Atwoli blames Uhuru for Raila’s 2022 defeat, sends 2027 warning to Matiang’i
Atwoli, one of Kenya’s longest-serving labour leaders, has led COTU-K for over two decades, positioning himself as a central figure in the country’s trade union movement.
His re-election for a sixth term, however, has sparked debate over governance, internal democracy, and adherence to statutory procedures within labour organisations.
Legal experts note that the outcome of the case could have far-reaching implications, not only for COTU-K but also for broader trade union governance in Kenya, particularly regarding compliance with electoral frameworks and institutional accountability.
The petitioners are now seeking orders to nullify the elections held at Tom Mboya Labour College, arguing that the absence of properly elected delegates and updated registers renders the process unlawful.
