By BOB AMALEMBA
June 6, 2026| A court decision declining to hear a challenge against the recent Central Organisation of Trade Unions (COTU) elections has effectively handed veteran trade unionist Francis Atwoli more time at the helm of Kenya’s most powerful workers’ umbrella body.
The High Court in Nairobi ruled that it lacked jurisdiction to determine the dispute and directed that the matter be transferred to the Employment and Labour Relations Court (ELRC), where another case touching on the same election is already pending.
While the ruling did not determine whether the March 14, 2026 elections were lawful or not, it means the leadership declared after the polls remains intact for now, extending the tenure of officials led by Atwoli as the legal battle shifts to another court.
At the heart of the dispute was a claim by the Centre for Public Policy and Research that COTU conducted its elections prematurely and in disregard of a circular issued by the Registrar of Trade Unions.
The circular had directed trade unions to first conduct branch elections between January and March 2026, followed by national union elections up to June, with elections for umbrella bodies such as COTU expected by August 30.
The petitioner argued that by holding elections on March 14, before affiliate unions had completed their own electoral processes, COTU violated the prescribed timetable and that the entire exercise should therefore be declared unconstitutional, null and void.
Among the orders sought were the quashing of the election results and a prohibition against the registration of those elected.
However, Justice William Musyoka ruled that disputes concerning trade union elections are labour relations matters exclusively reserved for the ELRC under Article 162 of the Constitution and Section 12 of the Employment and Labour Relations Court Act.
The judge also noted that a similar petition challenging the same election is already before the labour court, saying it would be imprudent for two courts to simultaneously determine the validity of the same poll.
For Atwoli, one of Kenya’s longest-serving labour leaders, the ruling buys more time as he continues his decades-long grip on COTU leadership.
The veteran unionist has remained a dominant figure in the country’s labour movement for more than two decades, winning admirers for his influence and critics who argue that leadership renewal within organised labour has been slow.
Public debate around long-serving officials has increasingly intensified in recent years, with some Kenyans questioning whether institutions such as COTU need generational transition and fresh ideas. Others, however, argue that continuity and experience have helped maintain the organisation’s influence in national affairs.
The latest ruling does not settle that debate. Instead, it postpones it.
Whether the March elections will ultimately stand or be overturned now rests with the Employment and Labour Relations Court, meaning the chapter on COTU’s leadership is far from closed.