The Central Organization of Trade Unions Kenya (COTU-K) brushed aside a petition against its recent elections, labeling the allegations as meritless and legally hollow.
The workers’ union issued this response following a lawsuit from Fazul Mohamed and the Institute for Democratic Governance. The suit aims to scrap the results of the March 14, 2026, polls held at Kisumu’s Tom Mboya Labour College.
COTU-K Secretary General Francis Atwoli stood by the voting process, maintaining that the petitioner lacks any valid reason to contest the results.
“The petitioner is neither a member of any affiliate union of COTU (K), nor an official of any trade union, nor a participant in the electoral process,” Atwoli said in a statement. “He did not present himself for nomination for any position within COTU (K).”
Atwoli reiterated that the organization followed its constitution to the letter, pointing out the high turnout from member unions.
“The COTU (K) elections themselves were conducted with overwhelming participation from affiliated unions, with a quorum of 92 per cent of eligible delegates, which is above the constitutional requirement of 51 per cent,” he said.
COTU-K noted that, leading up to the vote, over 90% of its dues-paying members had finished their own local and national elections. This enabled their officially elected delegates to cast ballots in the Kisumu election.
“This high level of participation is a clear demonstration of the confidence that Kenyan workers and their unions have in the leadership and processes of COTU (K),” Atwoli added.
The group also tackled specific complaints in the petition about which unions participated. Atwoli explained that because the Kenya National Union of Teachers (KNUT) and the Kenya Union of Post-Primary Education Teachers (KUPPET) do not pay membership fees to COTU-K, they had no right to send voting delegates.
“With regard to the unions cited in the petition, COTU (K) wishes to clarify that KNUT and KUPPET are not paid-up affiliates and are, therefore, not entitled to have delegates in the election. They only participated as observers,” Atwoli explained.
Regarding the participation of the Kenya Medical Practitioners Pharmacists and Dentists Union (KMPDU), Atwoli stated that COTU’s constitution allowed the union representation even though it had not finished its own elections.
“Considering KMPDU was yet to conduct their national elections, the constitution of COTU (K) allows them to have three delegates in the elections, which they did under the leadership of their general secretary, Dr Davji Atella,” he noted.
The petitioners, however, argue that the elections happened too early and broke the law, specifically ignoring the official timelines from the Registrar of Trade Unions.
Court documents show they believe COTU-K held the polls before every member union finished its internal voting – a step they claim the law requires. They also challenge the results that saw Atwoli reportedly return for a sixth term as secretary general without opposition, questioning the transparency and fairness of the process.
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