A fresh legal challenge has been lodged against the leadership of Fransis Atwoli following the filing of a constitutional petition at the in Nairobi seeking to suspend and nullify the 2026 elections of the (COTU-K).
The petition, filed by , questions the conduct and legitimacy of the elections that saw Atwoli continue serving as Secretary General. Awino argues that the electoral process was opaque, unregulated, and in violation of both the Constitution and the .
According to court documents, the petitioner claims that critical financial and electoral information was withheld despite formal requests, effectively denying stakeholders the opportunity to participate meaningfully or scrutinize the process. He contends that this undermined principles of transparency, accountability, and democratic governance within the labour movement.
The suit names , the Registrar of Trade Unions, as the respondent, with the and COTU listed as interested parties.
In a certificate of urgency dated March 25, 2026, Awino warns that the Registrar is on the verge of registering and gazetting the disputed election results—an action he says would confer legal legitimacy on what he terms an unconstitutional process.
He further argues that once the officials formally assume office, the case 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, the petitioner is seeking conservatory orders to suspend the implementation of the election results and restrain Atwoli from continuing to discharge the functions of Secretary General pending the determination of the case.
Additionally, Awino 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 concerns over accountability are addressed.
The petition also seeks the disclosure of key 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 tied to the electoral process.
Awino maintains that the matter raises fundamental constitutional issues, 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 shaping national labour policy.
The High Court is now expected to determine whether to certify the matter as urgent and grant interim orders halting the implementation of the contested election results pending the hearing and determination of the petition.
