Court dismisses Wamunyinyi appeal

Friday, November 27th, 2020 00:00 |
Kanduyi MP Wafula Wamunyinyi.

Bernice Mbugua @BerniceMuhindi

A faction of Ford Kenya party led by Kanduyi Member of Parliament Wafula Wamunyinyi yesterday suffered a blow after the Court of Appeal dismissed an application seeking to stay orders that had blocked its National Delegates Congress (NDC) meeting.

Wamunyinyi and his Tongaren counterpart Eseli Simiyu had appealed the High Court ruling, which was issued last week barring them from convening the party’s NDC prompting the group to seek a stay order at the Court of Appeal.

However, Justices Wanjiru Karanja, Gatembu Kairu and Kathurima M’inoti ruled they were not persuaded that the nugatory aspect has been demonstrated.

“Whereas we find the appeal (intended appeal) arguable, we are not persuaded that the nugatory aspect has been demonstrated,” read the order. 

 Simiyu had issued a notice that was published on October 31, stating that the party will hold NDC on November 21, at the Bomas of Kenya in Nairobi.

The High Court, however, suspended the notice pending hearing and determination of a suit  filed by the party.

“Pending the hearing and determination of this application, and in order to ensure full and due compliance with orders of this honourable court, it is hereby ordered that the notice issued by  Eseli Simiyu convening Ford-Kenya NDC on  November 21, or any other date be and is hereby stayed,” the court directed.

In June, the judge suspended implementation of a gazette notice announcing removal of  Bungoma Senator Moses Wetangula from the helm of Ford Kenya party.

Registrar of Political Parties Ann Nderitu had gazetted a notice announcing the intended removal of  Wetangula and replacement with  Wamunyinyi.

Ford Kenya national organising secretary Chris Mandu had been replaced with Josephine Waungu.

However, the court directed the Registrar not to acknowledge or transact the party’s business with  Simiyu and Wamunyinyi.

Party’s business

Party’s National Executive Council (NEC) on May 31, resolved to dismiss Wetangula as party leader on  gross misconduct grounds.

In August, the party expelled Simiyu and Wamunyinyi and a Busia Nominated Ward Rep  Cynthia Mutere.

In resolutions passed by  NEC  and Parliamentary Group, the party recommended to the General Council to effect the changes. 

Statement signed by  acting Secretary-General Millicent Abudho, cautioned Ford Kenya party members and supporters not to engage with the trio on any matters of the party.

Consequently, the party organs resolved to have a General Council and NDC before the year ends.

The two MPs, however, dismissed the resolutions made by a rival faction led by Wetangula to expel them.

They termed the controversial NEC meeting as  sham, invalid and not binding, saying it was not convened properly according to the party laws.

They claimed Wetangula was trying to be politically relevant after he was purportedly removed from  leadership.

 “It is the biggest joke of the year. Just to summarise the purported NEC resolutions. Foremost, there was no quorum in that purported NEC meeting,” Eseli claimed.

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