By Andrew Kariuki
A constitutional petition has been filed at the High Court in Nairobi seeking to suspend and nullify the 2026 leadership elections of the Central Organization of Trade Unions (COTU-K), raising questions over transparency, legality and compliance with labour laws.
The petition, filed by Francis Awino, challenges the conduct and validity of the elections, including the appointment of Francis Atwoli as Secretary General.
Awino argues that the electoral process was conducted in an opaque and unregulated manner, allegedly in violation of both the Constitution and the Labour Relations Act. He claims that critical financial and electoral information was withheld from stakeholders despite formal requests, undermining transparency and accountability.
The suit names Ann Kanake, the Registrar of Trade Unions, as the respondent, alongside the Ministry of Labour and Social Protection and COTU as interested parties.
In a certificate of urgency dated March 25, 2026, the petitioner warns that unless the court intervenes, the Registrar may proceed to register and gazette the disputed election results, effectively legitimising what he terms an unconstitutional process.
He further argues that once the officials assume office, the case risks being overtaken by events, rendering the petition ineffective and entrenching what he describes as an unlawful leadership structure within the country’s main labour federation.
Through a Notice of Motion, Awino is seeking conservatory orders to suspend the implementation of the election results and restrain Atwoli from acting or continuing to serve as Secretary General pending the determination of the case.
The petition also seeks orders to maintain the status quo before the elections and to bar affiliated trade unions from remitting funds to COTU until accountability concerns are addressed.
Additionally, the petitioner is asking the court to compel disclosure of key documents, including audited financial statements from 2021 to 2024, membership registers used during the elections, election notices and timetables, delegate accreditation records, and any compliance reports related to the process.
Awino contends that the matter raises critical constitutional issues, including the right to access information, fair administrative action, and fair labour practices, and has far-reaching implications given COTU’s role in representing millions of Kenyan workers.
The High Court is expected to consider the application for urgent hearing and determine whether interim orders should be granted to halt the implementation of the contested election results.
