A petition had been filed at the High Court in Nairobi challenging the Central Organization of Trade Unions (COTU-K) 2026 elections that saw the re-election of Francis Atwoli as the Secretary General.
The petitioner, Francis Awino wants the court to suspend the implementation of the election outcome and restrain Atwoli from acting or continuing to discharge the functions of Secretary General pending the hearing and determination of the case.
Awino also wants the court 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.
In addition, the petitioner wants 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 argues that key financial and electoral information was withheld despite formal requests, denying stakeholders the opportunity to meaningfully participate in or scrutinize the process.
“This undermined transparency, accountability and democratic governance within the labour movement,” the petitioner stated.
The petitioner claims 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 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.
According to Owino, once the officials assume office, the petition risks being overtaken by events, potentially entrenching an unlawful leadership structure within the country’s main labour federation.
Ann Kanake, the Registrar of Trade Unions has been named as the respondent while the Ministry of Labour and Social Protection and COTU are the interested parties.