A disgruntled member of the Party of National Unity (PNU) has moved to court to challenge the procedure followed to join the Azimio la Umoja Movement, in a dispute that is viewed as an extension of the supremacy battles between Agriculture CS Peter Munya and Laikipia governor Ndiritu Muriithi.
Mr Kevin Kariuki, who was the PNU national deputy secretary general until last month, is suing Mr Munya at the Political Parties Disputes Tribunal (PPDT) for engineering his removal alongside five others for political reasons.
In the court papers, Mr Kariuki claims that at a meeting of the party delegates held at Bomas of Kenya on February 24, Mr Munya took to the podium and announced that the six positions in the National Executive Committee had been declared vacant.
It was at the same meeting that the party made a resolution to join Mr Raila Odinga-led Azimio la Umoja Movement, which is also supported by President Uhuru Kenyatta.
Mr Kariuki argues that the declaration on his removal was in contravention of the party constitution, rules of natural justice and that it was not supported by any law.
He has sued Mr John Okemwa Anunda – PNU secretary general – as first respondent, David Nganga Kamau (PNU chairman) as second respondent, Mr Munya as third respondent and the party as fourth respondent, claiming that they refused to disclose information relating to the resolutions that led to his removal and five others.
“The respondents may proceed to implement the resolutions of the party on the removal of officials to the detriment of the complainant,” says the documents filed in court.
He claims that he was elected to his position during an election the party held in May 2019 and was to serve for a five-year term which was to expire in May 2024.
Mr Kariuki claims that Mr Munya’s action were illegal, irregular and unprocedural and seeks an injunction to restrain any implementation of resolutions to effect the removal.
“My removal was ill motivated and made in bad faith without following any due process. In any case the CS is not an official of the party and so he had no authority, mandate or power to make such an announcement,” Mr Kariuki says in affidavit filed in the tribunal.
He argues that his removal and five others did not follow the PNU constitution which lays out the process on the removal of national officials as provided in the constitution.
He argues that as a Cabinet Secretary, Mr Munya is barred from being an official in a political party and thus he had no authority in taking to the podium and making the announcement.
The PPDT chairperson Desma Nungo certified the matter urgent and directed Mr Kariuki to serve Mr Munya.
Mr Munya is having five days from the date of service to file his responses before an inter-parties hearing.
The dispute is likely to impact the momentum gathered so far in the formation of the coalition that is being fronted by President Kenyatta and Mr Odinga.
Mr Murithi is the chairperson of Raila Odinga Campaign Board and it is assumed that the dispute is likely to distract and divert attention from Azimio campaigns that have so far gathered momentum.
The dispute is also viewed as an extension of the supremacy battles between Mr Munya and Mr Muriithi because the ejected officials are viewed to be loyal to a faction allied to the governor.
The six officials held sway in the NEC which has since been diluted and overturned by Mr Munya loyalists brought in on February 24.
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