The Central Organisation of Commerce Unions (COTU-Ok) is dealing with a authorized battle after Francis Atwoli secured a sixth time period as secretary normal with out opposition.
Fazul Mahamed filed the lawsuit within the Employment and Labour Relations Courtroom, questioning the legality of the delegates’ convention held on March 14, 2026, in Kisumu. Mahamed argues that the election course of ignored the legislation and didn’t uphold the democratic rules required for commerce unions.
Mahamed contends that the whole electoral course of was “regular, unlawful, and in violation of both statutory requirements and constitutional principles governing trade union democracy.”
In keeping with courtroom filings, the Registrar of Commerce Unions had beforehand established a particular schedule for these transitions. The Registrar’s 2025 round required affiliate unions to complete their department and nationwide elections first, setting a deadline of August 30, 2026, for the ultimate COTU-Ok polls.
Courtroom paperwork point out that the Registrar of Commerce Unions had “issued a circular on September 25, 2025, setting out the official electoral timeline, requiring affiliate unions to first conduct branch elections between January 5 and March 31, 2026, followed by national elections between April 1 and June 30, 2026, before COTU-K elections could be held by August 30, 2026.”
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The petitioner claims that COTU-Ok rushed its elections earlier than these affiliate unions might even end their very own voting. He means that this shortcut undermines the legitimacy of the whole management construction.
“It is a clear case of putting the cart before the horse. Without duly elected delegates from affiliate unions, no valid COTU leadership can be constituted,” the courtroom papers state.
The lawsuit towards COTU-Ok highlights a collection of alleged failures throughout the union’s electoral course of. In keeping with the petition, the physique reportedly didn’t replace membership registers, lacked an impartial electoral board, failed to supply a voters’ register, and by no means issued public notices for vacant seats or nominations.
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Petitioner Mahamed contends that these shortcuts disadvantaged union members of their proper to a free, honest, and clear vote. To handle the alleged irregularities, he’s looking for conservatory orders from the courtroom. These embody stopping the Registrar of Commerce Unions from formally registering or gazetting the newly elected officers and barring Francis Atwoli and different declared winners from assuming workplace till the courtroom delivers a last resolution.
Recognizing the urgency of the matter, Justice Jacob Gakeri has directed that the petitioner serve the courtroom papers instantly. He has additionally ordered COTU-Ok to file its responses inside 4 days.
The courtroom is scheduled to reconvene on March 24, 2026, to offer additional instructions on the case.
