Ousted Senate Majority Leader Kipchumba Murkomen and majority whip Susan Kihika are on the spot over an order shared on social media said to have been issued by the Political Parties Disputes Tribunal (PPDT) suspending their removal from office.
The order, which went viral on social media after it was shared by former State House operative Dennis Itumbi, has sections that significantly differ from the order shared by the Judiciary on its official Twitter handle on Tuesday night.
The order is the one that was allegedly tabled before Senate speaker Keneth Lusaka who disregarded it and went ahead to ratify the changes, hence removing Murkomen and Kihika from the Senate leadership.
This raises serious questions with a section of Kenyans and Jubilee Secretary General Raphael Tuju accusing the Deputy President William Ruto’s allies of having forged the document.
In the order shared by Tanga Tanga members, the fifth-order claimed that any decision founded on the coalition agreement between Jubilee and Kanu was invalid, null and void.
In the version shared by the Judiciary, the section reads differently as it suspended the decision by the Registrar of Political Parties to recognize the post-election coalition agreement between Jubilee and independence party KANU.
The pact allowed KANU members to sit on the majority side in parliament and push President Uhuru Kenyatta’s agenda amid wrangles in the ruling party that have revealed just how the Head of State has sidelined his deputy.
“That pending the hearing and determination inter partes this honourable tribunal is pleased to issue an interim order staying the decision of the 1st respondent in her letter dated 8th May, 2020, recognizing a coalition agreement purportedly signed between the 1st and 2nd interested parties and deposited on 4th May 2020,” the section read in part.
On the other hand, the disputed order reads, “Meantime in the interest of justice, an interim order be and is hereby issued declaring that any decision or action founded on the coalition agreement purportedly signed between the 1st and 2nd interested parties and deposited on 4th May, 2020 and approved/confirmed by the first respondent vide her letter of 08.05.2020 confirmed by the 1st respondent is null and void and of no effect.”
The order on number six is also different, the version shared by the Judiciary it reads, “That pending the hearing and determination of this application inter partes, an interim order be and hereby issued to 1st, 2nd and 3rd respondents as well as the 1st and 2nd interested parties by themselves, their agents, and/or servants or employees restraining them from taking any action on the strength of the impugned coalition agreement purportedly signed between the 1st and 2nd interested parties and deposited on 4th May, 2020, including making changes to the position of Majority Leader and Majority Whip of the Senate.”
This is totally different from the order shared by the Tanga Tanga members which “barred” the Jubilee party from making any coalition agreements without a valid resolution from a duly convened National Executive Committee (NEC) meeting.
Kahawa Tungu understands that Tuju, who was among members of the Jubilee party that oversaw the Jubilee-KANU pact, has protested the order through Victor Lee Legal firm.
In a letter dated May, 12, addressed to the political parties tribunal, Tuju termed the order from DP’s allies as a forgery.
“It has come to our client’s attention after perusing the court record that these provisions are a forgery and fraudulent and differ from the prayers actually granted ex parte,” the protest letter reads.
Murkomen was replaced by KANU’s Samuel Poghisio while majority whip Kihika’s place was filled by Murang’a senator Irungu Kang’ata.
The Elgeyo Marakwet senator and Kihika have since moved to the high court seeking to block their ouster.
The case will be heard on Thursday.
PPDT APPEAL NO. 1 OF 2020. The order granted by the Political Parties Disputes Tribunal (PPDT) yesterday May 11, 2020 and issued today May 12, 2020. pic.twitter.com/DjBOWJfsz9
— The Judiciary Kenya (@Kenyajudiciary) May 12, 2020
— Dennis Itumbi, HSC (@OleItumbi) May 12, 2020