NAIROBI, Kenya Mar 26 – A fresh petition has been filed at the Constitutional Division of the High Court challenging the election of Francis Atwoli as the Central Organisation of Trade Unions (COTU) Secretary General.
The petitioner, Francis Owino, is seeking urgent intervention from the court, arguing that the election process that led to Atwoli’s re-election was unconstitutional and should be halted before the new leadership assumes office.
Owino contends that the matter raises serious constitutional questions that cannot await the reopening of the High Court after recess. He argues that if the court does not act immediately, the newly elected officials will assume office, exercise authority, and make binding decisions—potentially rendering any future judgment meaningless.
He further argues that the dispute affects a national labour federation representing millions of workers, and therefore has far-reaching implications on labour governance, public institutions, and policy processes in the country.
In the petition, Owino is seeking conservatory orders to stop the registration of the newly elected officials, preserve the subject matter of the case, and protect what he terms public-interest considerations.
He maintains that immediate judicial intervention is necessary to prevent the entrenchment of what he describes as unconstitutional processes and possible abuse of authority.
The case comes just a day after the Employment and Labour Relations Court declined to issue similar orders in related disputes, adding a new legal dimension to the ongoing leadership row within the trade union movement.
