Petition Challenges Francis Atwoli’s Unopposed Re-Election as COTU Secretary General
A fresh legal challenge has emerged in Kenya’s labour movement following the Central Organisation of Trade Unions (COTU-K) elections held on March 14, 2026.
Activist Fazul Mahamed, together with the Institute for Democratic Governance, has filed a petition at the Employment and Labour Relations Court questioning the validity of the polls that saw veteran leader Francis Atwoli returned unopposed for a sixth term as Secretary General. The petitioners argue that the entire electoral process was rushed and flawed, potentially undermining workers’ democratic rights within the umbrella body.
The core complaint centres on claims that the elections were conducted prematurely, before many affiliate trade unions had completed their own branch and national delegate elections — a step that is supposed to come first according to established procedures. Additional irregularities cited include failure to update membership registers, lack of proper notice for available positions, absence of an independent electoral body, and the failure to publish an official voters’ register. The petitioners warn that unless the court intervenes, the process risks disenfranchising ordinary union members and weakening transparency and accountability in trade union governance.
On March 17, 2026, the matter was mentioned before Justice Jacob Gakeri, who certified the application as urgent and ordered that all respondents, including Atwoli and the Registrar of Trade Unions, be served within four days. The case has been scheduled for an inter partes hearing on March 24, 2026. The petitioners are seeking conservatory orders to prevent the Registrar from registering or gazetting the newly elected officials and to stop Atwoli and other winners from assuming office until the petition is fully determined. This development has once again placed the spotlight on leadership transitions and internal democracy within Kenya’s largest workers’ organisation.
