The Political Parties Disputes Tribunal (PPDT) has temporarily suspended the execution of a coalition pact between Jubilee Party and KANU.
In a letter, the tribunal said the matter brought toward by Jubilee deputy secretary general Caleb Kositany, Susan Kihika, Benjamin Washiali and Albert Mutai be certified as urgent.
“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 by the two parties and deposited on May 4 is null, void and has no effect,” the ruling read in part.
The Political Parties Tribunal rules that the KANU and Jubilee Post Election deal is ILLEGAL.
Jubilee NEC must be convened for such a decision to be made
The same has been communicated to Senate.
— Dennis Itumbi, HSC (@OleItumbi) May 12, 2020
According to the tribunal, the National Executive Committee (NEC) of the ruling party must convene for the decision to be reached.
On Monday, ousted Senate majority leader Kipchumba Murkomen said the NEC has not met for three years.
The four complainants were ordered to serve the Notice of Motion application, supporting affidavit sworn by Kositany and all the annexed documents, and the Appeal filed upon the respondents and interested parties within three days.
The Registrar of Political Parties Anne Nderitu was listed as the 1st respondent with Jubilee Secretary General Raphael Tuju and Nelson Dzuya, acting Jubilee Chairman listed as the second and third respondents respectively.
The Jubilee Party and Kanu have been listed as the 1st and 2nd interested parties, respectively.
Tuju and Dzuya have also been barred from making any coalition agreements on behalf of the Jubilee Party without a valid, formal resolution of a duly convened National Executive Committee.
Should this be undertaken, the tribunal said, it should be and in strict compliance with the provisions of Regulation 21 of the Political Parties (Registration) Regulations, 2019 and Article 32.2 of the Jubilee Party Constitution.
Kositany wrote to Political Parties registrar Ms Nderitu noting that the pact is null and void.
“Please be informed that the aforementioned Agreement is not compliant with the Jubilee Constitution and the Political Parties Act, therefore it is null and void, ” said Kositany in a letter dated Monday, May 11.