Fresh Legal Challenge Emerges Against Francis Atwoli’s Re-Election as COTU Secretary-General
In yet another twist in Kenya’s labour movement, a new petition has been filed at the Employment and Labour Relations Court contesting the recent election of veteran trade unionist Francis Atwoli as Secretary-General of the Central Organisation of Trade Unions (COTU-K).
The challenge targets the conduct and outcome of the polls held on March 14, 2026, at Tom Mboya Labour College in Kisumu, where Atwoli was declared the winner unopposed for a sixth five-year term, extending his leadership that began in 2001. Petitioners, including Fazul Mahamed and the Institute for Democratic Governance, question the legitimacy of the process, raising issues over delegate eligibility, adherence to election timelines, and overall compliance with trade union laws.
The fresh petition adds to an earlier similar suit filed shortly after the elections, which Atwoli and COTU had dismissed as lacking merit, noting that the petitioner was not a participating member or official in the electoral process. Applicants are seeking conservatory orders to prevent the Registrar of Trade Unions from registering or gazetting the results, and to bar Atwoli and other declared officials from assuming office until the matter is fully determined. This legal push highlights ongoing debates within the union about leadership renewal, delegate representation, and the need for greater transparency in one of Kenya’s most influential labour bodies representing millions of workers.
As the case proceeds in the constitutional division of the court, it underscores deeper tensions over long-serving leaders in trade unions and calls for reforms to ensure democratic practices. Atwoli, a dominant figure in Kenya’s labour scene for over two decades, has previously defended the elections as free from external interference. The outcome of these petitions could shape not only Atwoli’s continued tenure but also future governance structures within COTU, potentially influencing how workers’ rights and internal democracy are handled amid evolving national political and economic dynamics. Observers will be watching closely to see if internal union mechanisms or judicial intervention ultimately resolves the dispute.
