A fresh petition has been filed at the High Court challenging the recently concluded elections of the Central Organization of Trade Unions (COTU-K), escalating a growing legal battle over the outcome.
The new case comes just a day after the Employment and Labour Relations Court declined to stop the registration of elected officials in a separate petition lodged by Fazul Mahamed and the Institute for Democratic Governance.
Filed on Thursday by Francis Awino, the petition seeks judicial review of both the election process and the subsequent registration of union leaders, citing alleged procedural irregularities.
The challenge arises amid concerns that aspects of the election may not have fully complied with COTU’s internal rules and constitutional requirements.
During the polls held on March 14, 2026 at the Tom Mboya Labour College in Kisumu, Francis Atwoli was re-elected unopposed as Secretary-General.
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Awino argues that urgent court intervention is needed before the new officials assume office and begin exercising authority.
In its March 25 ruling, Lady Justice Jemimah Wanza Keli declined to grant interim conservatory orders halting the registration process, noting that the officials had already been registered.
“Having heard the parties, the court declines to issue interim orders… as there is evidence of registration of the elected officials,” Justice Wanza ruled, adding that the request had been overtaken by events.
Despite that decision, Awino maintains that the legality of the elections and registration process remains in question, raising what he describes as matters of public importance given COTU’s role in representing millions of Kenyan workers and its participation in national governance structures.
The petition cites possible violations of constitutional rights, including access to information, labour rights, and fair administrative action, and warns of broader implications for governance within the labour sector.
Awino is also seeking an urgent hearing during the High Court recess, arguing that failure to intervene could result in irreparable harm if the contested leadership fully assumes office.
He contends that allowing the registration to stand without review could render any future court findings ineffective and limit accountability over alleged breaches of union rules.
Among the orders sought, the petitioner wants the court to determine whether the election complied with COTU’s constitution, whether all eligible members were duly notified and allowed to participate, and whether the registrar acted lawfully in validating the results.
He is also seeking conservatory measures to preserve the status quo and prevent decisions that could affect union operations and broader public-interest resources.
