The Central Organisation of Trade Unions (COTU-K) is facing a legal battle after Francis Atwoli secured a sixth term as secretary general without opposition.
Fazul Mahamed filed the lawsuit in the Employment and Labour Relations Court, questioning the legality of the delegates’ conference held on March 14, 2026, in Kisumu. Mahamed argues that the election process ignored the law and failed to uphold the democratic principles required for trade unions.
Mahamed contends that the entire electoral process was “regular, unlawful, and in violation of both statutory requirements and constitutional principles governing trade union democracy.”
According to court filings, the Registrar of Trade Unions had previously established a specific schedule for these transitions. The Registrar’s 2025 circular required affiliate unions to finish their branch and national elections first, setting a deadline of August 30, 2026, for the final COTU-K polls.
Court documents indicate that the Registrar of Trade Unions had “issued a circular on September 25, 2025, setting out the official electoral timeline, requiring affiliate unions to first conduct branch elections between January 5 and March 31, 2026, followed by national elections between April 1 and June 30, 2026, before COTU-K elections could be held by August 30, 2026.”
The petitioner claims that COTU-K rushed its elections before these affiliate unions could even finish their own voting. He suggests that this shortcut undermines the legitimacy of the entire leadership structure.
“It is a clear case of putting the cart before the horse. Without duly elected delegates from affiliate unions, no valid COTU leadership can be constituted,” the court papers state.
The lawsuit against COTU-K highlights a series of alleged failures within the union’s electoral process. According to the petition, the body reportedly did not update membership registers, lacked an independent electoral board, failed to produce a voters’ register, and never issued public notices for vacant seats or nominations.
Petitioner Mahamed contends that these shortcuts deprived union members of their right to a free, fair, and transparent vote. To address the alleged irregularities, he is seeking conservatory orders from the court. These include preventing the Registrar of Trade Unions from officially registering or gazetting the newly elected officials and barring Francis Atwoli and other declared winners from assuming office until the court delivers a final decision.
Recognizing the urgency of the matter, Justice Jacob Gakeri has directed that the petitioner serve the court papers immediately. He has also ordered COTU-K to file its responses within four days.
The court is scheduled to reconvene on March 24, 2026, to provide further directions on the case.
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