A new petition has been presented to the High Court contesting the recently completed Central Organization of Trade Unions (COTU) elections.
The filing follows the previous day’s decision by the Employment and Labour Relations Court to reject a request from petitioners Fazul Mahamed and the Institute for democratic governance to suspend the registration of elected officials.
The petition, submitted by Francis Awino on Thursday, requests judicial examination of various aspects of the electoral process and the registration of union leadership.
The petition emerges amid concerns that certain procedures during the elections may not have fully adhered to COTU’s internal regulations or constitutional requirements.
Francis Atwoli was re-elected unopposed as the Secretary-General of the Central Organization of Trade Unions (COTU-K) during the elections conducted at the Tom Mboya Labour College in Kisumu on March 14, 2026.
Awino contends that immediate judicial intervention is essential to address concerns before the new leadership takes office and begins exercising authority over union affairs.
In the earlier ruling at the Employment Court on March 25, 2026, Lady Justice Jemimah Wanza Keli declined to issue interim conservatory orders preventing the registrar from registering the elected officials.
“Having heard the parties, the court declines to issue interim orders sought in the application dated 16th March 2026 as there is evidence of registration of the elected officials of COTU under the affidavit of Acting Registrar of Kananu,” Justice Wanza ruled.
“The court declines to issue conservatory orders as the same have been overtaken by events.”
Despite this decision, Awino’s new petition raises questions about the legality of both the elections and registration process.
“That the matter raises issues of public importance, given that COTU(K) represents millions of Kenyan workers and participates in national governance structures,” he states.
The case references potential violations of constitutional rights, including Article 35 on access to information, Article 41 on labour rights, and Article 47 on fair administrative action.
It also highlights broader implications for governance and decision-making in the labour sector, emphasizing that COTU is a national labour federation representing millions of workers.
The application requests that the court hear the matter during the High Court recess, citing urgency due to the risk of irreparable harm if the challenged leadership assumes office.
According to Awino, allowing the registration to proceed without review could render any subsequent judicial findings ineffective and limit the ability to address potential violations of union rules and electoral procedures.
Among the remedies sought, Awino requests the court to determine whether the election process complied with COTU’s constitution, whether proper notice and participation were extended to all eligible members, and whether the registrar acted within legal authority when processing and validating the results.
The petition also seeks conservatory measures to maintain the status of the election outcomes and prevent actions that may affect union operations and public-interest resources.