By ADEN KIPRUTO
The High Court has struck out a petition challenging the re-election of Central Organisation of Trade Unions (COTU-K) Secretary-General Francis Atwoli, ruling that it lacked jurisdiction to determine the dispute.
In her judgment, Employment and Labour Relations Court Judge Jemimah Keli said the petitioners, Fazul Mahamed and the Institute for Democratic Governance, had not demonstrated sufficient interest in the labour relations dispute to give the court jurisdiction.
The petitioners had challenged the March 14, 2026 election in which Atwoli secured a sixth term as COTU-K Secretary-General, arguing that the election was conducted before affiliated trade unions had completed their own electoral processes.
They contended that the trade union electoral cycle is governed by Section 34 of the Labour Relations Act and follows a sequential process beginning with branch elections, followed by national elections, before COTU-K officials are elected.
The petitioners argued that the Registrar of Trade Unions had issued a circular on September 25, 2025, setting out the timetable for the 2026 trade union elections.
Under the timetable, branch elections were to be held between January 5 and March 31, 2026, while national elections were scheduled for April 1 to June 30, 2026.
COTU-K elections were expected to be held by August 30, according to the petitioners.
They claimed COTU-K had jumped ahead of the prescribed electoral process by holding its elections on March 14, before affiliate unions had completed their branch and national elections.
The petitioners further argued that COTU-K could not validly elect its officials before delegates from affiliated unions had been duly elected through the prescribed electoral process.
However, Justice Keli did not proceed to determine the merits of those allegations after finding that the court lacked jurisdiction.
“Having taken time to consider this dispute, I found that the petitioners were neither members of trade unions nor having any interest at all in terms of labour relations with the respondents,” Justice Keli said.
The judge noted that the dispute concerned the registration and election of trade union officials, including the Secretary-General.
She said the provisions relied upon by the petitioners could not be considered in isolation, particularly Section 34 of the Labour Relations Act, which deals with trade union elections.
The court held that the jurisdiction of the Employment and Labour Relations Court arises from employment and labour relations disputes, including matters involving employees who are members of trade unions.
Justice Keli observed that members of trade unions affiliated with COTU-K would have an employment relationship that could provide a basis for challenging the election of COTU-K officials.
However, she said the petitioners had not demonstrated such a relationship with the trade union.
“The Court holds it has no jurisdiction to determine the petition; it’s hereby struck out,” the judge ruled.
Atwoli was elected unopposed during the 15th Quinquennial Governing Council Delegates Conference held at Tom Mboya Labour College in Kisumu on March 14.
His re-election secured him another term at the helm of the umbrella organisation representing Kenya’s trade unions.
