ANC's Barack Muluka to remain in office, judge says
Barack Muluka. He will continue serving as ANC secretary-general as court declines to lift orders as sought by nominated MP Godfrey Osotsi. FILE PHOTO | NATION MEDIA GROUP
Amani National Congress Secretary-General Barack Muluka is a relieved man after the High Court rejected a bid to suspend him from office.
Justice Cecilia Githua ruled that for the harmony of the party, Mr Muluka should remain in office.
“I am persuaded that the scales of justice tilts more in granting the orders sought to ensure stability in the functions of the party,” the judge said.
DISPUTE
Mr Muluka had been ousted from office by the Political Parties Tribunal following a successful application by nominated MP Godfrey Osotsi.
But the party through its leader Musalia Mudavadi moved to the High Court arguing that Mr Osotsi took the case to court before exhausting the party dispute mechanism process.
The tribunal had ruled that the purported removal of Mr Osotsi and his subsequent replacement with Mr Muluka was irregular and unlawful. Mr Osotsi was replaced on October 12, last year, through a special National Executive Council, but the Tribunal ruled that he was still the party secretary-general, until ANC holds elections in strict compliance with the party constitution.
Mr Mudavadi said in the appeal that Mr Osotsi had made an undertaking to resign once he gets the nomination to Parliament. He signed a letter, which was later forwarded to the Registrar of Political Parties.
Through lawyer Dan Ameyo, he said the Tribunal had no jurisdiction to handle the matter. He also dismissed claims that Mr Osotsi was coerced into resigning. He said the only evidence was that that Mr Osotsi was stressed and that was insufficient to nullify Mr Muluka’s appointment.
The nominated MP through lawyer Jackson Awele argued that Mr Mudavadi’s appeal makes generalized grounds, with no chance of success.
He said as long as the Mr Muluka continues to hold himself out as the Party’s Secretary General ANC will be exposed to the risk of breaches of the law and consequently, possible adverse claims by third parties which may affect the party in the long run.
But the Judge ruled that Mr Muluka should remain in office.
