Politics
Tribunal barred from ruling on party row
Posted Monday, June 20 2011 at 22:17
The High Court has stopped a tribunal from ruling on a dispute over the leadership of the United Democratic Movement.
The Political Parties Disputes Tribunal was stopped from issuing a ruling in a case filed by Lt Gen (rtd) John Koech, who is seeking to be reinstated as the party’s leader.
Mr Peter Simani, the tribunal’s chairman said they had received an order from the High Court halting further proceedings on the UDM ownership row.
“Following the order, the tribunal has shelved the ruling and adjourned its proceedings until further notice to await the determination of the High Court case,” Mr Simani said.
In a ruling issued on June 16, the High Court ruled that the tribunal has no jurisdiction to hear and determine the party’s ownership dispute.
It also prohibited the Political Parties Disputes Tribunal from hearing further mentions or reaching a conclusion on the complaints raised by Lt Gen (rtd) Koech against 26 members of UDM until the application is heard and determined.
The party members, including a Cabinet minister and two MPs, had sought the court’s intervention in barring the tribunal from ruling on the party’s leadership.
They argued that the tribunal had decided to proceed with the case without any rules enacted under the applicable statute of the Political Parties Act of 2007 and that the tribunal was entertaining a case seeking to contravene the Constitution.
They told the court that the tribunal’s decision to hear the case was made in excess of its jurisdiction.
The tribunal, they said, was allowing Lt Gen Koech to agitate the matter over and over, even after the dispute had been settled by the registrar of political parties.




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