A constitutional petition has been filed at the High Court in Nairobi seeking to suspend and nullify the 2026 leadership elections of the Central Organization of Trade Unions (COTU-K), placing the leadership of Francis Atwoli under fresh legal scrutiny.
The petition, filed by Francis Awino, challenges the conduct and validity of the elections, arguing that the process leading to Atwoli’s continued leadership was opaque, unregulated and in violation of both the Constitution and the Labour Relations Act.
Awino claims that key financial and electoral information was withheld despite formal requests, denying stakeholders the opportunity to meaningfully participate in or scrutinize the process. He argues that this undermined transparency, accountability and democratic governance within the labour movement.
The suit names Ann Kanake, the Registrar of Trade Unions, as the respondent, alongside the Ministry of Labour and Social Protection and COTU as interested parties.
In a certificate of urgency dated March 25, 2026, the petitioner warns that the Registrar is on the verge of registering and gazetting the disputed election results, a move he says would confer legal legitimacy on an unconstitutional process.
He further argues that once the officials assume office, the petition risks being overtaken by events, potentially entrenching what he describes as an unlawful leadership structure within the country’s main labour federation.
Through a Notice of Motion, Awino is seeking conservatory orders to suspend the implementation of the election outcomes and restrain Atwoli from acting or continuing to discharge the functions of Secretary General pending the determination of the case.
The petition also seeks to preserve the status quo prior to the elections and to bar affiliated trade unions from remitting financial contributions to COTU until issues of accountability are addressed.
Additionally, the petitioner is asking the court to compel the disclosure of critical documents, including audited financial statements from 2021 to 2024, membership registers used in the elections, election notices and timetables, delegate accreditation records and compliance reports related to the electoral process.
Awino maintains that the matter raises fundamental constitutional concerns, including the right to access information, fair administrative action and fair labour practices. He adds that the case carries significant public interest given COTU’s role in representing millions of Kenyan workers and influencing national labour policy.
The High Court is expected to determine whether to certify the matter as urgent and grant interim orders to halt the implementation of the contested election results pending the hearing of the petition.
