PNU moves to court in fight for survival

What you need to know:

  • The decision would force it to wind up and its assets would go to waste, according to the case filed by lawyer Stephen Mogaka.
  • “It will be unlawful to cause the party’s winding up, since it will be like condemning it unheard when the party has the means to comply with all rules when given a fair chance,” he told the High Court in Nairobi.
  • “The party has not been able to file it returns as demanded by the registrar due to circumstances beyond our control.

The Party of National Unity has gone to court to challenge its deregistration.

The party that sponsored former President Mwai Kibaki to his second term in State House accuses Registrar of Political Parties Lucy Ndung’u of striking it out of the register without granting it a hearing.

The party yesterday asked the High Court to quash the decision, arguing that Ms Ndung’u did not have the power to order its dissolution.

The decision would force it to wind up and its assets would go to waste, according to the case filed by lawyer Stephen Mogaka.

Mr John Okemwa swore an affidavit as the party’s secretary-general, supporting the allegations.

Mr Mogaka said the deregistration was occasioned by alleged non-compliance with the Political Parties Act.

“The party was not served with any notice as required by the rules of natural justice.

CONDEMNING IT UNHEARD

“It will be unlawful to cause the party’s winding up, since it will be like condemning it unheard when the party has the means to comply with all rules when given a fair chance,” he told the High Court in Nairobi.

The registrar communicated with a person who is not a party official before she made the decision, according to Mr Anunda.

“The party has not been able to file it returns as demanded by the registrar due to circumstances beyond our control.

“It is in public knowledge that our offices were broken into and the matter is still subject of investigations,” he says in the affidavit.

Justice Mumbi Ngugi declined to halt the deregistration, but directed the party to serve the registrar and the Attorney-General with the application.

The hearing takes place tomorrow.