High Court declines to hear COTU election case, refers it to Labour Court

The High Court has declined to hear a case challenging the Central Organisation of Trade Unions elections held on March 14, 2026. Justice William Musyoka ruled on June 4 that the matter falls under the Employment and Labour Relations Court.

The case was filed by the Centre for Public Policy and Research. It sought to nullify the COTU elections and bar registration of the elected officials, arguing that the polls violated a timetable set by the Registrar of Trade Unions. COTU, along with Francis Atwoli, KMPDU and KUPPET, opposed the petition. They noted that a separate challenge to the same elections was already pending before the Labour Court. Justice Musyoka upheld a preliminary objection on jurisdiction. He stated that trade union election disputes are labour relations matters assigned to the specialised Employment and Labour Relations Court under the Constitution and the Employment and Labour Relations Court Act. The judge directed that the case be transferred to the Labour Court. He also noted the possibility of consolidating it with the related petition already before that court.

관련 기사

A petition has been filed in court challenging Francis Atwoli's re-election for a sixth term as secretary-general of the Central Organisation of Trade Unions (COTU). Petitioners claim the election violated the prescribed union cycle and was flawed. Atwoli was elected unopposed on March 14 at Tom Mboya Labour College in Kisumu.

AI에 의해 보고됨

Activist Francis Awino has filed another petition in court challenging Francis Atwoli's unopposed re-election as COTU-K Secretary General on March 14 in Kisumu. Atwoli confirmed only three petitions exist, dismissing claims of seven and calling them baseless from non-members. Courts have declined to issue orders halting the registration of elected officials.

African National Congress Secretary General Fikile Mbalula has applied to the Eastern Cape High Court to rescind a ruling that halted the party's provincial conference in March.

AI에 의해 보고됨

The IV Chamber of the National Appeals Court in Federal Contencioso Administrativo ordered labor judge Alejandro Ojeda to transfer the labor reform case within 24 hours. The order aims to resolve the jurisdiction dispute and speed up the government's challenge to the CGT's injunction. It marks another setback for the labor union confederation.

 

 

 

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