The Musalia Mudavadi-led Amani National Congress (ANC) has described Political Parties Tribunal’s decision to kick out its secretary-general Barrack Muluka as a "clear case of misadventure”.
The tribunal on Thursday ruled that nominated MP Godfrey Osotsi is still the party secretary-general, and that his removal and subsequent replacement with Mr Muluka, a communications specialist and political strategist, was irregular and unlawful.
"There was element of undue pressure. Having opined that the 3rd interested party's (Mr Osotsi) resignation was not voluntary, it follows therefore that there was no vacancy in the office of the SG,” the tribunal members led by chairman Kyalo Mbobu, Hassan Abdi and Ms Desma Nungo said in their ruling.
“There was therefore no basis for the appointment of the 4th respondent (Mr Muluka) in the first place."
But in a scathing response, party chairman Kevin Lunani said the tribunal made the wrong decision.
The party vowed to appeal the decision.
"The tribunal was not set up to stifle the operations of political parties by overlooking substantive evidence in its eagerness to please plaintiffs and other political parties," Mr Lunani said in a statement.
"The ruling is a clear case of misadventure by the tribunal and might suggest that the tribunal considered matters extraneous to the issues before it."
Mr Lunani asked party members to be patient.
But the tribunal, in its ruling, said that Mr Muluka was free to contest for the seat if another election is called in the proper manner, giving an opportunity to the Mudavadi confidante to regain his seat.
"The tribunal made the wrong finding after it went fishing for hearsay of coercion rather than evidence presented before it," said Mr Lunani.