New petition filed challenging Atwoli's election as COTU Secretary General

The petitioner in the case, Francis Awino, says that the election process that saw Atwoli elected was unconstitutional and seeks urgent intervention from the High Court to prevent the newly elected leadership from assuming office. 

According to Awino, the matter raises urgent constitutional issues that cannot await the reopening of the High Court after recess. The case has been in the constitutional division.

The petition argues that if the Court does not act promptly, the impugned officials will assume office, exercise authority, and make binding decisions, which could render any future judicial decision academic. 

The petitioner emphasizes that the election affects a national labour federation representing millions of workers, and that the legality of its leadership has far-reaching implications on labour governance, public institutions, and national policy processes.

Awino is therefore seeking conservatory orders to prevent the registration of the impugned officials, preserve the subject matter of the petition, and protect public-interest resources.

The petitioner argues that immediate judicial intervention is necessary to prevent further entrenchment of unconstitutional processes and abuse of public power.

Just yesterday, the Employment and Labour Court declined to issue orders in similar cases.