COTU (K) Elections Challenged in Court Over Transparency and Governance Concerns
Joshua Nyanjom of Mtetezi the Grassroots Economic Justice Movement speaking during a media briefing on transparency and governance issues in COTU (K) elections.
Nairobi, March 26, 2026 — Transparency and governance concerns have emerged over recent leadership elections at the Central Organization of Trade Unions (Kenya) (COTU-K) after Mtetezi the Grassroots Economic Justice Movement, a civil society lobby group, filed a constitutional petition challenging the electoral process and access to institutional information.
The movement says the petition questions both the alleged failure to disclose key governance documents and the conduct of elections held during the March 2026 COTU delegates’ conference in Kisumu.
Speaking during a media briefing, Joshua Nyanjom said the organization submitted a formal request on November 4, 2025 seeking audited financial statements for 2021–2024, governance records and election preparation materials under Article 35 of the Constitution and the Access to Information Act.
“The absence of disclosure denied workers and stakeholders access to critical governance information ahead of an important electoral process. Despite the legal timelines provided under the law, the request was neither acknowledged nor responded to, and no explanation has been given for the continued non-disclosure,” Nyanjom said.
He noted that the lack of transparency preceded the COTU Delegates Conference held in Kisumu in March 2026 where union officials were elected without public disclosure of key electoral procedures.
“Key processes such as election timelines, delegate lists, nomination procedures and oversight mechanisms were not publicly disclosed, raising serious governance concerns,” he said.
Following the conference, veteran trade unionist Francis Atwoli was declared Secretary General, with steps reportedly underway toward formal recognition of elected officials.Nyanjom said the petition seeks to uphold constitutional principles of transparency, accountability and democratic governance within trade unions.
“This petition is intended to affirm constitutional values of openness and accountability and to ensure workers are not excluded from decisions affecting institutions that represent them,” he said.
He added that access to governance information is essential for democratic participation within labour institutions.
“Workers must be able to meaningfully participate in the governance of their unions through access to accurate information and transparent electoral processes,” Nyanjom said.
According to the petition filed before the High Court, the applicants are seeking declarations that failure to provide audited financial statements, governance records and electoral documentation violates Article 35 of the Constitution, which guarantees the right to information.
The petition further seeks a declaration that the elections were conducted contrary to constitutional and statutory requirements, alongside orders restraining the registration or recognition of officials arising from the contested electoral process.
Additionally, the court is being asked to compel full disclosure of audited accounts, membership registers, governance records and election-related materials, and to direct the conduct of fresh elections under a transparent, verifiable and lawfully supervised framework should irregularities be established.
Mtetezi maintains that the case aims to strengthen institutional governance rather than target individuals, emphasizing the broader public interest in accountability within workers’ representative bodies.
