Petition filed challenging Atwoli's re-election as COTU Secretary-General

The petitioner, Fazul Mahamed, together with the Institute for Democratic Governance, is contesting the legality of the polls in which Francis Atwoli, the 1st interested party, was reportedly elected unopposed to a sixth term as Secretary General. They argue that the elections were conducted prematurely and in violation of the law, as well as the official electoral timelines issued by the Registrar of Trade Unions.

According to court documents, the petitioner contends that the COTU-K elections were held before affiliate trade unions had completed their branch and national elections, a prerequisite step in the statutory electoral cycle.

The process, they argue, is sequential and begins at the branch level before culminating in national and umbrella body elections. Conducting COTU polls before this process is complete, they claim, undermines the democratic foundation of trade union governance.

The petition further alleges multiple irregularities, including failure to update membership registers, lack of notice for elective positions, absence of independent electoral bodies, and failure to publish a voters’ register. It also questions the legitimacy of the delegates who participated in the voting process.

The applicants are now seeking conservatory orders to bar the Registrar of Trade Unions from registering or gazetting the purportedly elected officials, and to restrain those declared winners, including Atwoli, from assuming office pending the hearing and determination of the case.

When the matter came up before Jacob Gakeri on March 17, 2026, the court certified the application as urgent and directed that it be served on the respondents within four days. The case is scheduled for inter partes hearing on March 24, 2026.

The petitioners argue that unless the court intervenes, the move risks disenfranchising union members and eroding transparency, accountability, and the rule of law in trade union elections.