Central Organization of Trade Unions (Cotu-K) Secretary-General Francis Atwoli at a past event.

📋 Breaking It Down

A bid to kick Francis Atwoli out of his sixth term as COTU-K secretary-general has failed not because the court found the complaints against his election without merit, but because the challengers used the wrong legal route.

Justice Jemimah Keli of the Employment and Labour Relations Court ruled that disputes arising from trade union elections must be pursued through specific mechanisms provided under the law, rather than through a constitutional petition.

“The petitioners’ cause of action was a trade union election dispute disguised as a constitutional petition,” Justice Keli said in her August 20 ruling.

📌 What You Need to Know

The case was filed by Fazul Mahamed and the Institute for Democratic Governance two days after Mr Atwoli was re-elected unopposed on March 14.

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The petitioners sought to have the election cancelled, arguing that COTU-K had held its national elections before some of its affiliate unions had completed their own polls.

They relied on a September 25, 2025 circular by the Registrar of Trade Unions setting out the timetable for the 2026 union elections.

Under the timetable, branch elections were to be held between January 5 and March 31, followed by national elections between April 1 and June 30. COTU-K’s election was scheduled for later in the year, by August 30.

Francis Atwoli addresses delegates during the 15th Quinquennial Governing Council Conference and Elections of the Central Organization of Trade Unions (Cotu) at Tom Mboya Labour College in Kisumu on March 14, 2026.

📰 Source: Nation Africa