Atwoli, Cotu officials get court reprieve

Cotu Secretary General Francis Atwoli. [File, Standard]

Cotu Secretary General Francis Atwoli and other newly-elected officials have secured a reprieve after the Labour Court and the High Court in Kerugoya declined to issue conservatory orders seeking to oust them from office.

Justice Jacob Gakeri, sitting at the Employment and Labour Relations Court, and the High Court in Kerugoya declined to grant orders sought to bar the Registrar of Trade Unions from registering or gazetting the newly elected officials, including Atwoli.

The two courts declined to issue the orders pending hearing and determination of two petitions filed by Fazul Mohamed and the Institute for Democratic Governance and Centre for Public Policy and Research.

The petitioners had sought conservatory orders to block the Registrar from registering or gazetting the declared winners and to restrain the elected officials from assuming office. They argued that the elections were conducted prematurely and in violation of timelines issued by the Registrar of Trade Unions.

They further alleged several irregularities, including failure to update membership registers, lack of notice for elective positions, absence of an independent electoral body, and concerns over the legitimacy of delegates who participated in the vote.

Cotu opposed the applications, maintaining that the elections were conducted in strict compliance with its constitution and the law. In his sworn affidavit, Atwoli stated that the elections were lawful and achieved a quorum of over 90 percent of accredited delegates, well above the constitutional threshold of 51 percent. He added that all compliant affiliate unions participated through duly accredited delegates.

The organisation further argued that the petitioners were strangers to its affairs, noting that they were neither members nor officials of Cotu or any of its affiliated unions. Cotu also told the court that the elections had already been concluded and registered by the Registrar of Trade Unions, making the reliefs sought by the petitioners moot.

Atwoli reiterated that proper notice was issued and that all eligible affiliate unions participated in the elections. The court was further informed that several unions named in the petition as interested parties had distanced themselves from the case.

The Kenya National Union of Teachers (KNUT), the Kenya Union of Post Primary Education Teachers (KUPPET), and the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) all disowned the petition.

In a statement after the ruling, Cotu welcomed the decision, terming it an affirmation of the legality of its electoral process. The organisation maintained that the petition lacked merit and described the issues raised as academic and incapable of enforcement.

“We affirm the position consistently maintained by Cotu (K) that its electoral process was conducted strictly in accordance with its Constitution, the Labour Relations Act, 2007, and all applicable legal frameworks, with no breach whatsoever,” Atwoli said.

Cotu also noted that a similar petition had been filed at the High Court in Kerugoya, describing it as mirroring the Nairobi case where the court declined to issue conservatory orders over jurisdictional grounds

The organisation further said it would engage the Media Council of Kenya and the Kenya Editors’ Guild over what it termed unethical practices by some journalists in their coverage of the elections.

“Following the conclusion of this court process, Cotu (K) will engage both the Media Council of Kenya and the Kenya Editors’ Guild to bring to their attention some unethical practices by some journalists, even as we shall name and shame some of them,” Atwoli said.