The supremacy battle within the Democratic Party of Kenya (DP) has taken a fresh twist with National Assembly Speaker Justin Muturi now staring at ejection from his post as its leader.
This comes after an application filed before the Political Parties Disputes Tribunal (PPDT) claimed that Mr Muturi’s appointment as DP’s leader in February was done in contravention of the party’s constitution.
In the petition filed by Deputy Secretary-General Wambugu Nyamu, Director of Elections Daniel Munene and party member King’ori Choto, the three argue that the former Siakago MP had not been a member of DP for the requisite one year allowed to be eligible for election as party leader.
They explained that the party’s constitution provides that no person, except with the leave on application granted by a majority decision of the outgoing national executive council (NEC), shall be eligible to be elected if such a person had not been a party member for a period of one year preceding such elections.
‘Ineligible’
“…[H]e is hence ineligible and is yet to pay the requisite fees for appointment to such position hence cannot purport to act for the party in any given forum,” reads the petition dated April 11, 2022 and drawn by Triple N W and Co Advocates.
In the suit, Mr Muturi, Mr Esau Kioni, Mr Jacob Haji, Mr Joseph Munyao and Mr Joseph Mathai have been listed as respondents and the Registrar of Political Parties, DP and Kenya Kwanza Alliance as interested parties.
The complaints have accused the party leader of running the affairs of DP in a clandestine manner and deliberately concealing information on the signed resolutions of the February NDC as well as the list and identities of the delegates who attended the convention.
Further, Mr Muturi is faulted for purporting to enter into a coalition agreement with Deputy President William Ruto-led Kenya Kwanza without justification or authority of party members and contrary to resolutions of the NDC.
“That in a reaction aimed to suppress these complaints and force Kenya Kwanza to ratify the purported coalition agreement, the respondents have been issuing threats to the complainants and have ejected them from WhatsApp groups,” added the petition.
Conservatory orders
They now want the PPDT to issue conservatory orders restraining the respondents from further discussing, ratifying, perpetuating or in any way promoting the purported coalition agreement with Kenya Kwanza pending the hearing and determination of the application.
Further, they want the Registrar of Political Parties Anne Nderitu restrained from registering any document purporting to be a coalition agreement with DP as one of the signatories.
“Pending the hearing and determination of this matter, the honourable tribunal be pleased to issue an order restraining the respondents forthwith from negotiating with any other political party on behalf of DP for the purposes of forming any coalition or other arrangement in contravention of the NDC resolutions of February 20, 2022.”
Consequently, PPDT chairperson Desma Nungo ordered the matter be mentioned before Ms Jessica M’mbetsa, Mr Samuel Nderitu and Dr Adelaide Mbithi on Tuesday at 2.30pm virtually via video link for further directions and/or orders.
Last week, the three complainants accused Mr Muturi of betrayal and attempted “coup”, saying they were caught flat-footed by the speaker’s “unilateral decision” to join Kenya Kwanza.
But Mr Muturi has maintained he had the backing of the party, having promised to consult with like-minded parties during the NDC.
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