Court petition seeks to stop Atwoli’s return as COTU boss

A fresh legal challenge has been filed at the High Court seeking to block the registration of Francis Atwoli as Secretary-General of Central Organisation of Trade Unions (COTU) following his recent re-election for a sixth term.

The petition, filed by Francis Owino puts a spotlight on the governance of COTU, a key national labour body representing millions of workers and targets the Registrar of Trade Unions, Anne Kanake, accusing her of failing to ensure a lawful, transparent, and accountable electoral process.

Atwoli was endorsed earlier this month during elections held at Tom Mboya Labour College.

However, the outcome has since sparked multiple legal disputes, with at least four other petitions already lodged in court challenging the process.

In the latest filing, Owino is seeking conservatory orders to suspend the implementation and enforcement of the election results.

He also wants the court to bar Atwoli from continuing to serve as Secretary-General pending the hearing and determination of the case.

Additionally, the petitioner is asking the court to maintain the status quo that existed before the disputed elections and to restrain all trade unions affiliated with COTU from remitting union dues, levies, or any financial contributions to the organisation until the matter is resolved.

Owino argues that the electoral process was marred by secrecy and irregularities, claiming that key financial and electoral information was withheld from stakeholders.

He contends that this denied union members the opportunity to effectively scrutinise and participate in the elections.

“The refusal to disclose financial and election-related information deprived stakeholders of the ability to scrutinise and participate in the electoral process,” Owino states in court documents.

He further accuses the Registrar of Trade Unions of failing to respond to lawful requests for information and neglecting her statutory duty to supervise the elections in line with the Labour Relations Act.

According to the petition, the elections that resulted in Atwoli’s re-election were “procedurally flawed, opaque, and unconstitutional,” undermining democratic governance within the trade union movement.

Owino also claims that workers were denied their right to a free, fair, and transparent electoral process, warning that failure by the court to intervene could legitimise what he terms an unlawful process.