Transparency Storm Hits COTU Elections as Petition Challenges Legality and Secrecy

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A fresh legal battle is looming over the leadership of Central Organization of Trade Unions (COTU) Kenya following a constitutional petition that raises serious concerns about transparency, accountability, and the legality of its recent electoral process.
The petition, filed by Mtetezi – a grassroots economic justice movement – questions both the conduct of the March 2026 COTU Delegates Conference in Kisumu and the union’s failure to disclose key governance and financial records.
At the heart of the dispute is an information request submitted on November 4, 2025, seeking audited financial statements from 2021 to 2024, alongside governance documents and election preparation materials. The request, made under Article 35 of the Constitution and the Access to Information Act, allegedly went unanswered, with no acknowledgment or explanation provided within the legally mandated timelines.
According to the petitioners, the lack of transparency carried into the March 2026 delegates’ conference, where elections were conducted without public disclosure of critical processes such as election timelines, delegate lists, nomination procedures, and oversight mechanisms.
Following the conference, long-serving union leader Francis Atwoli was declared Secretary General, with steps initiated toward formal recognition of the newly elected officials.
However, the petition argues that the entire process was fundamentally flawed and unconstitutional due to the absence of transparency and adherence to statutory requirements.
The legal challenge seeks several key orders from the court, including a declaration that the failure to provide access to requested information violates constitutional provisions on access to information. It also calls for the nullification of the election results, a halt to the recognition of officials elected during the contested process, and a directive compelling full disclosure of financial, governance, and electoral records.
Additionally, the petition urges the court to order fresh elections under a framework that is transparent, verifiable, and compliant with the law.
Mtetezi maintains that the case is not only about COTU’s internal processes but also about upholding broader constitutional principles of transparency, accountability, and democratic participation within trade unions.
The outcome of the case could have far-reaching implications for governance standards in workers’ organizations across Kenya, particularly in reinforcing the right of union members to access information and actively participate in decision-making processes.

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