Wetang’ula moves to court over party coup

Bungoma Senator Moses Wetang'ula. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • PPDT members Desina Mugo, Milly Lwanga (chairperson) and Adelaide Mbithi ordered that the case be heard Friday.
  • Interim orders sought by lawyers Nelson Havi , Ben Millimo and Dr John Khaminwa for Wetang’ula who is also the Bungoma Senator to stop Ms Nderitu from registering the Wafula Wamunyinyi-led faction as the new officials of Ford-Kenya were allowed and reserved until the case is heard fully.

Ford-Kenya leader of Moses Wetang’ula has moved to court to sort out the mess in the party occasioned by a coup which ousted him last month.

However, the Political Parties Dispute Tribunal (PPDT) declined to grant a temporary conservatory order restraining the registrar of political parties Ms Anne Nderitu from effecting change of names of officials of the party.

Instead PPDT certified as urgent the case filed by Ford-Kenya through lawyer Eunice Lumallas seeking to stop Ms Nderitu from changing names of the leaders of Ford-Kenya.

PPDT members Desina Mugo, Milly Lwanga (chairperson) and Adelaide Mbithi ordered that the case be heard Friday.

Interim orders sought by lawyers Nelson Havi , Ben Millimo and Dr John Khaminwa for Wetang’ula who is also the Bungoma Senator to stop Ms Nderitu from registering the Wafula Wamunyinyi-led faction as the new officials of Ford-Kenya were allowed and reserved until the case is heard fully.

The tribunal directed Ms Lumallas, Mr Havi, Mr Millimo and Dr Khaminwa to serve Mr Wamunyinyi and Dr David Eseli Simiyu with the suit papers to enable them answer to allegations that they violated the party constitution when they conducted a meeting for the party’s National Executive Council at Radisson Blue Hotel Nairobi on May 31.

Asking the PPDT to order Ms Nderitu to decline changing the names of party officials, Mr Wetang’ula says in court papers that he is still the bonafide leader of the political party. The party asks the tribunal to order a status quo to be maintained as far as the leadership of the party is concerned.

Mr Havi, who is also the President of the Law Society of Kenya (LSK), urged the three member-tribunal to grant temporary relief to pave way for resolution of the leadership dispute through the party’s arbitration committee.

“Pending determination of this application, an order be issued restraining the interested party, Ms Nderitu, from acting upon, altering and or effecting changes in the office of the applicant recognising Wafula Wamunyinyi as the interim party leader,” Mr Havi said.

Ford-Kenya names Tongareni MP David Eseli Simiyu and his Kanduyi counter-part Wafula Wamunyinyi as respondents, while Ms Nderitu and Speaker of the National Assembly Justine Muturi are termed as interested parties. The tribunal heard that on June 2, Ford-Kenya filed a suit seeking to bar Ms Nderitu from effecting any changes in the leadership of the party but the case was fixed for mention on June 16, with no interim orders issued.

The tribunal heard that Ms Nderitu received the documents seeking to alter the leadership of the party.

The Wamunyinyi-led faction was not registered because the registrar noted some loopholes in the documents filed.

On June 2, Ford-Kenya held a meeting which deliberated on the conduct of party members who had ousted the Wetang’ula team. The tribunal heard that the leadership mess in the party was being funded by external people.