BY NT CORRESPONDENT.
Political commentator Barrack Muluka is not the Mudavadi party Secretary General, parties tribunal has ruled.
The Political Parties Tribunal decided that nominated MP Godfrey Osotsi is still the Secretary General of Amani National Congress dealing a blow to party leader Musalia Mudavadi.
Mudavadi handpicked Mr Muluka in a decision that sent shivers within the party’s ranks.
In a ruling, the tribunal said the purported removal of Mr Osotsi and subsequent replacement with Barack Muluka was irregular and unlawful.
The members led by Chairman Kyalo Mbobu, Hassan Abdi and Ms Desma Nungo, however, rejected a plea to bar Mr Muluka from contesting the position once the elections are called.
The Tribunal further rejected the claim that Mr Muluka did not meet the qualification for the appointment of the party S-G.
They ruled that Mr Osotsi, who had been replaced on October 12, last year, through a special National Executive Council, was still the party secretary general, until ANC holds elections, in strict compliance with the party constitution.
According to the Tribunal, the office of the S-G was a substantive national office and the appointment of Mr Muluka was not sensitive to the party members’ legitimate expectation to participate in the decision making.
They added that the purported removal contravened several Articles of party’s constitution.
“Looking at the circumstances if the case, we are of the considered view that there was a deliberate move on the part of the respondents to conceal the real intention of the meeting contrary to the party’s guiding principles and core values as enshrined in Article 8 of the party constitution. We accordingly find that the notice was defective and deceptive,” the Tribunal ruled.
A special NEC was called on October 12, to allegedly receive party updates. It later turned out that the meeting was to replace Mr Osotsi. Ms Angela Gathoni and Ibrahim Memba.