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.

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