The petition, filed in the Employment and Labour Relations Court by Fazul Mahamed alongside the Institute for Democratic Governance, contests the process that saw veteran leader Francis Atwoli returned unopposed for a sixth five-year term as Secretary General.
The elections took place during the 15th Quinquennial Governing Council Delegates Conference at Tom Mboya Labour College in Kisumu.
Atwoli Rejects Petitioner’s Standing
In a statement, Atwoli rejected the claims, emphasizing that the petitioner lacks standing. “The petitioner is neither a member of any affiliate union of COTU-K, nor an official of any trade union, nor a participant in the electoral process,” Atwoli said. “He did not present himself for nomination for any position within COTU-K.”
Atwoli highlighted strong participation, with a quorum of 92% of eligible delegates—well above the constitutional threshold of 51%. More than 90% of paid-up affiliate unions had completed their internal branch and national elections beforehand, enabling their elected delegates to vote legitimately.
“This high level of participation is a clear demonstration of the confidence that Kenyan workers and their unions have in the leadership and processes of COTU-K,” Atwoli added.
Clarifications on Union Participation
The organization addressed specific concerns in the petition about certain unions’ involvement. Atwoli clarified that the Kenya National Union of Teachers and the Kenya Union of Post-Primary Education Teachers are not paid-up affiliates and thus ineligible to field delegates. They attended only as observers.
Regarding the Kenya Medical Practitioners, Pharmacists and Dentists Union, Atwoli explained that its representation complied with COTU-K’s constitution. Despite KMPDU not having completed its national elections, the rules permit three delegates under the General Secretary’s leadership—here, Dr. Davji Atella.
Petitioners’ Claims and Ongoing Case
Petitioners argue the elections occurred prematurely, violating timelines set by the Registrar of Trade Unions and requiring all affiliates to finish internal cycles first. They also question delegate legitimacy, transparency, and adherence to due process in Atwoli’s unopposed victory.
COTU-K insists the process followed its governing constitution strictly and was free and fair. Atwoli, who has led since 2001, reaffirmed the union’s independence in managing its affairs.
The case has been certified urgent, with a hearing scheduled soon. Petitioners seek to block gazettement of results by the Registrar and prevent elected officials, including Atwoli, from assuming office pending resolution.
