Francis Atwoli has secured a legal victory after a court dismissed a petition challenging his re-election as Secretary-General of the Central Organisation of Trade Unions (COTU-K).
Justice Jemimah Keli of the Employment and Labour Relations Court ruled on Thursday that the court did not have jurisdiction to hear the case brought by Fazul Mahamed and the Institute for Democratic Governance.
The petition challenged Atwoli’s election on March 14, 2026, when he secured a sixth term at the helm of the umbrella body representing Kenya’s trade unions.
The petitioners argued that the election had been held too early. They said affiliate unions had not completed their own electoral processes before COTU held its leadership vote.
They relied on Section 34 of the Labour Relations Act, arguing that trade union elections should follow a sequence beginning with branch elections, followed by national elections and, ultimately, the election of COTU officials.
According to the petitioners, a September 25, 2025 circular from the Registrar of Trade Unions set the 2026 election calendar.
Under that timetable, branch elections were scheduled between January 5 and March 31. National elections were to follow between April 1 and June 30, with COTU elections expected by August 30.
COTU, however, held its elections on March 14.
The petitioners argued that this meant delegates from affiliate unions had not yet gone through the electoral process required before they could participate in choosing COTU officials.
Justice Keli did not determine whether those claims were correct.
Instead, she focused on whether the petitioners had the legal standing needed to bring the case before the Employment and Labour Relations Court.
The judge found that they had not demonstrated the necessary employment or labour relationship with the respondents.
“Having taken time to consider this dispute, I found that the petitioners were neither members of trade unions nor having any interest at all in terms of labour relations with the respondents,” Justice Keli said.
She said the court’s jurisdiction covers employment and labour relations disputes, including matters involving employees who are members of trade unions.
Trade union members affiliated with COTU-K, she noted, could have an employment relationship that might provide a basis for challenging the election of COTU officials.
The petitioners, however, had not established such a relationship.
“The Court holds it has no jurisdiction to determine the petition; it’s hereby struck out,” Justice Keli ruled.
The decision therefore did not amount to a ruling on whether Atwoli’s election complied with the trade union electoral timetable. The court simply found that the petitioners had not met the legal basis required for the court to hear the dispute.
Atwoli was elected unopposed at the 15th Quinquennial Governing Council Delegates Conference at Tom Mboya Labour College in Kisumu on March 14.
His re-election gives him another term leading COTU-K, an organisation that brings together trade unions representing workers across Kenya.
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