Court challenge looms over COTU’s 2026 leadership elections

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A fresh legal battle has been launched at the High Court of Kenya challenging the legitimacy of the Central Organisation of Trade Unions (COTU) leadership elections.

In a petition filed at the High Court in Nairobi, the petitioner Francis Awino argues that the electoral process that saw veteran trade unionist Francis Atwoli re‑elected unopposed as COTU Secretary‑General was unconstitutional and should be reviewed by the courts.

Awino has named Ann Kanake, the Registrar of Trade Unions, as a respondent in the case, while Atwoli, the Ministry of Labour and Social Protection, and the Central Organisation of Trade Unions are listed as interested parties.

The petitioner contend that aspects of the election process and the subsequent registration of officials raise legal concerns that warrant urgent judicial intervention before the newly elected leadership assumes office.

“Union members and stakeholders are entitled to full disclosure and a lawful process in the management of leadership transitions. The court’s intervention is necessary to prevent any legal injustice," Mr Awino said.

In earlier proceedings, the Employment and Labour Relations Court declined to halt the registration of the elected officials, ruling that interim orders could not be issued because the process had already advanced.

COTU serves as Kenya’s largest umbrella body for workers, representing dozens of affiliated trade unions across sectors including manufacturing, transport, education and public service. Leadership elections within the federation attract national attention because of the organisation’s influence in labour relations and policy discussions.

Atwoli, a veteran labour leader who has held the Secretary‑General position for decades, remains one of the most prominent figures in Kenya’s labour movement.

Awino’s petition argues that the matter raises issues of public importance, particularly given COTU’s role in representing millions of Kenyan workers. He is seeking conservatory orders to prevent the recognition and implementation of the contested election results pending full hearing and determination of the petition.

The High Court has yet to issue directions on the petition, including whether it will grant interim orders or set timelines for hearing the matter. The outcome could determine whether the planned leadership transitions proceed as scheduled or are subjected to further judicial review.