NAIROBI, Kenya — COTU (K) Secretary General Francis Atwoli has accused sections of the media of misreporting and enabling abuse of court processes, following what he termed false claims about the number and nature of petitions filed against the union’s March 14 elections.
His remarks come amid heightened scrutiny of the polls and a series of legal challenges that courts have so far declined to stop.
In a strongly worded statement, Atwoli dismissed reports that seven petitions had been filed to challenge the Kisumu elections, insisting that only three petitions exist — all of them, he said, filed by individuals with no standing in the labour movement.
His position aligns with court records and reporting from multiple outlets, which confirm that the petitions include:
- A case filed at the Employment and Labour Relations Court (ELRC) by Fazul Mohamed, who COTU describes as a non‑member and non‑participant in union affairs
- A petition filed in Kerugoya by the Centre for Public Policy and Research, challenging the timing and legality of the elections
- A third petition filed in Nairobi by activist Francis Awino, which COTU says is yet to be served
Atwoli accused the petitioners of acting in bad faith and attempting to weaponise the courts for personal or political gain.
He further alleged that some of the individuals behind the petitions have “criminal‑like backgrounds,” echoing earlier claims by COTU that the challenges are politically motivated and lack legal merit.
On Wednesday, both the ELRC in Nairobi and the High Court in Kerugoya declined to grant conservatory orders sought to block the registration or gazettement of COTU’s newly elected officials.
Justice Jacob Gakeri ruled that the petitioners had not demonstrated grounds to halt the process, while the Kerugoya court found it lacked jurisdiction and transferred the matter to Nairobi.
The rulings effectively allowed the Registrar of Trade Unions to proceed with recognising the officials elected during the Tom Mboya Labour College conference, where Atwoli secured a sixth term. COTU welcomed the decisions, calling them an affirmation of the legality of its electoral process.
The petitions raise broader governance issues around union democracy, electoral transparency, and the right to petition.
Petitioners argue that the elections were conducted prematurely, contrary to the Registrar’s 2025 electoral timetable, and that several unions had not completed their internal elections — a claim supported in part by filings in the Kerugoya case.
COTU, however, maintains that over 90pc of paid‑up affiliates had completed their processes and that the elections achieved a 92pc quorum, far above the constitutional threshold of 51pc. The union insists that non‑paid‑up unions such as KNUT and KUPPET were not entitled to vote and only attended as observers.
Atwoli criticised what he termed “sensational reporting,” particularly claims that the court rulings were a “reprieve” for COTU.
He said the organisation remains unbothered by the petitions and continues to operate normally, noting that he is currently attending the ILO Governing Body Meeting in Geneva.
He urged media houses to uphold professional standards and avoid being used as platforms for individuals seeking to “abuse court processes and advance personal interests.”
