The High court has dismissed an application by Party of National Unity (PNU) seeking orders to compel the Registrar of Political Parties to gazette officials who were elected on 28 October 2016.
The court ruled that the matter had been determined by Political Parties Dispute Tribunal and judicial review orders can not be issued in favor of PNU.
Justice John Mativo, said the applicant, PNU has not established any ground to cause the court issue order to quash the decision of PPDT.
The dispute between parties were properly dealt with at the tribunal and the court can not examine the decision of the tribunal, saying its outside the function of judicial review proceedings.
“I decline to open and deliberate invitation to delve into merits and review a decision of the tribunal which is outside the purview of judicial review jurisdiction” the judge said.
Further the court said it was shown by the Party’s organizing secretary Alphonse Musyoki, that the application to the high court was an abuse of the court process, there was proper meeting that took place in which new officials were elected.
The tribunal had found that officials whose was challenged were not properly elected as provided for under PNU constitution.
In a judgement delivered by the tribunal’s Chairman Kyalo Mbobu and two of his members Hassan Abdil and James Atema, said the meeting of the National Delegates Convention that purported to elect new officials lacked requisite quorum.
Chair Mbobu said that the tribunal considered complaints raised by the Musyoki to effect that bone fide officials were not consulted over the delegates meeting.
The tribunal declared the resolution passed in the meeting as illegal, null and void.
” The officials of PNU who were in office as at 27 October 2016 remain bone fide office bearers of the Party until proper general meeting is held” Mbobu said.
Musyoki had lodged a complaint with PPDT on 27 March 2017, saying that Party’s Secretary General John Okenwa Anunda had written a letter dated 18 July 2016 addressed to National Executive Committee seeking to discuss urgent matters.
He said the purported invite of the NEC by Anunda was without the blessings of the top Party officials.
The complainant told the tribunal neither him was invited or majority of members NEC including the National Chairman Mr John Kamama Mbugua received invitation.
He said the meeting took place with only thirteen people in attendance who included strangers.
The tribunal proceeded to quash the resolution passed at the said meeting.
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