Activists Move to Court to Challenge COTU Elections, Demand Financial Transparency.

Activists Move to Court to Challenge COTU Elections, Demand Financial Transparency.

Francis Awino, National Convenor of the Mtetezi Grassroots Economic Justice Movement, addresses the media alongside Joshua Nyanjom (left) outside Milimani Law Courts in Nairobi following proceedings on their petition challenging COTU leadership matters. 

By Jeff Oyugi 

Nairobi - March 26, 2026

A grassroots lobby group has moved to court seeking to halt the recognition of officials elected during the recent delegates conference of the Central Organization of Trade Unions Kenya, citing what it terms serious transparency and accountability gaps in the electoral process and the management of workers’ contributions. 

Officials of the Mtetezi Grassroots Economic Justice Movement said they had filed multiple constitutional petitions questioning the legality of the March 2026 elections held in Kisumu and demanding the release of audited financial records covering several years.

Speaking after court proceedings, the movement’s national convenor Francis Awino said the legal action followed earlier attempts to compel disclosure of key governance documents ahead of the union’s elections, which he claimed were ignored.

Awino said the group first moved to court in November 2025 through petition number 772 of 2025 against Anne Kanake, Francis Atwoli and the Ministry of Labour and Social Protection seeking orders to compel the publication of audited financial statements, membership registers and election regulations before the polls were conducted.

“The reason why we came to court was to show that the election of COTU was not properly done because the required documents had not been made public,” Awino said. “There are audited reports, membership records and regulations that should be disclosed before elections take place.”

He argued that despite the pending court matter, the umbrella workers’ body proceeded with its delegates conference in Kisumu and conducted elections without addressing the issues raised in the earlier petition.

Awino said the movement has now returned to court through petition number 200 of 2026 to challenge what it described as continuing irregularities and to seek further legal intervention.

The activists are also demanding greater accountability over monthly remittances made by union members, many of whom are employed in public institutions including schools and security agencies.

“We have seen people saying COTU is not a government entity, but most of the workers who contribute remittances are employed by government institutions,” Awino said. “The sovereignty of this country belongs to the people, and they have a right to know how their money is being used.” 

He added that the group would consider escalating the matter to the Parliament of Kenya if the concerns raised in court are not addressed.

Awino insisted that organizations handling public contributions from workers must operate transparently and remain accountable to their members.

“As long as you deal with masses and with contributions from Kenyans, there must be full accountability,” he said. “Workers want to see the audited books and understand how their monthly deductions are used.”

Another member of the movement, Joshua Nyanjom, said the petitions filed in court seek to enforce constitutional provisions on access to information and democratic participation in trade union governance.

Nyanjom said the group formally requested audited financial statements covering the period between 2021 and 2024, as well as governance records and election preparation documents, on November 4, 2025 under Article 35 of the Constitution and the Access to Information Act.

According to him, the request was neither acknowledged nor responded to within the timelines provided for under the law.

“The absence of this information preceded the March 2026 delegates conference in Kisumu where elections were conducted without public disclosure of key processes including election timelines, delegate lists, nomination procedures and oversight mechanisms,” he said. 

Following the conference, Atwoli was declared Secretary General, with steps underway toward formal recognition of the newly elected officials.

However, the activists argue that the electoral process should not be recognized until the court determines whether constitutional requirements were met.

Through their latest petition, the movement is seeking several court orders, including a declaration that the refusal to provide access to audited financial statements, governance records and electoral documents violated the Constitution.

They are also seeking a declaration that the elections were conducted in contravention of statutory requirements and should therefore not be recognized.

Further, the petition seeks orders restraining the registration or formal recognition of officials elected through the disputed process and compelling the release of audited accounts, membership registers and other governance documentation.

The group is also asking the court to direct the holding of fresh elections under what it describes as a transparent, verifiable and lawfully supervised framework that allows meaningful participation by union members.

Nyanjom said the legal action is intended to safeguard workers’ rights to participate in the governance of institutions that manage their contributions.

“This petition seeks to affirm the constitutional principles of transparency, accountability and democratic participation within trade unions,” he said. “Workers must be able to engage meaningfully in decisions affecting their organizations.”

The case now sets the stage for a potentially significant legal contest over governance standards within Kenya’s trade union movement, with implications for accountability in organizations that represent millions of workers across the country.