BY SAM ALFAN.
High court has temporary suspended Political Party Tribunal decision that nullified Political commentator Barrack Muluka’s appointment as the Amani National Congress Secretary General.
Lady Justice Lucy Njuguna temporary stayed the Political parties tribunal decision after Muluka together with the party -ANC moved to high court this morning to appeal yesterday’s decision that ruled that Barrack Muluka was illegally appointed as the secretary general of the party.
In an application filed under urgency through lawyer Dan Ameyo,ANC leader Musalia Mudavadi ,Kelvin Lunani, Margaret Ndanyi and Barack Muluka argued that ANC members Angela Gathoni,
Ibrahim Memba and nominated Member of Parliament Godfrey Osotsi brought the case prematurely before the tribunal not having exhausted the internal dispute resolution mechanisms prescribed by section 40 (2) of the political parties act of 2011.
Through lawyer Dan Ameyo, Mudavadi, Kelvin Lunani, Margaret Ndanyi and Barack Muluka wants court to grant interim order of stay of execution of the orders of the PPDT pending hearing of the application.
n the application, Mudavadi claims that ANC members Angela Gathoni, Ibrahim Memba and nominated MP Godfrey Osotsi brought the case
prematurely before the tribunal not having exhausted the internal dispute resolution mechanisms prescribed by section 40 (2) of the political parties act of 2011.
He says they raised preliminary objection against the premature institution of the petition before the tribunal but it was dismissed by the Tribunal stating that technicalities mattered not in its proceedings.
They accused the Tribunal for dismissing their preliminary objection and went ahead to entertain the matter contrary to the provisions of the law.
“The tribunal was furnished with sufficient evidence that former secretary general to the party voluntarily resigned from office on the predicate that resignation would be effective on the date of his nomination to parliament and due procedure was followed in the appointment of the current party SG to office”, Ameyo says in the documents.
They allege that the tribunal determined the case in favour of the respondents utterly disregarding their overwhelming evidence.
Ameyo says as a consequence of one sided decision of the tribunal, they are likely to suffer grave injustice if the court does not intervene.
The Political Parties Tribunal yesterday 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.