Chama Cha Uzalendo (CCU) party leader Wavinya Ndeti with party supporters outside Milimani law courts on Monday October 26,20-015 after the Political Party Tribunal has dropped the complaint by three Chama Cha Uzalendo political Party members who were contesting their removal from the party.
BY SAM ALFAN.
Political Party Tribunal has dropped the complaint by three Chama Cha Uzalendo political Party members who were contesting their removal from the party.
The tribunal lead by four panels Kyalo Mbobu,ChachaOdera,Jessie Mutura and James Atema yesterday said the expulsion of Veronicah MbitheMativo, Abdalla Bwanamaka and Titus Kaloki from the party was valid.
“Having said this we find and declares that the complainant’s suit be hereby dismissed and we hold that the expulsion of the complainants as members of the party was valid,” said the panel.
They further directed that the three complainants to be restrained from acting as officials and members of Chama Cha Uzalendo political party.
The former CCU Chairman Bwanamaka and nominated Machakos County MCA Mativo had appealed against a decision that returned Wavinya Ndeti as the chair lady of the party.
Early this year the tribunal dismissed a case that had sought to kick out Ndeti on grounds that it lacked substantial reasons saying it had no jurisdiction to entertain the complaint.
“No useful purpose shall be served by proceedings further with this claim as filed in the circumstances, we uphold the preliminary objection and dismiss this claim,” reads the ruling.
The panel also dismissed the application because the applicants had not exhausted the party’s Article 24 of constitution on dispute resolutions mechanisms before filing the complaint.The applicants were dissatisfied with the ruling and they appealed that decision.
In the dispute, the party leader Wavinya admits that Mativo is a member of the CCU party but not a registered official of the same.
The respondents claim that there is only one set of the officials that are running the political party and those purporting to be officials had been removed from the office.
The complaint arised between the parties but the internal dispute resolution mechanisms failed to settle the matter.
The panels said that the office of the of the registrar of political parties in the letter dated July 20,2015 addressed to both parties and advised them to refer the matter to the tribunal.
The parties according to the panel were claiming to have been members of the National Executive Council Organ of the CCU party.
The complainants were seeking a declaration that the respondents are not the legitimate officials of Chama Cha Uzalendo party.
They were seeking an order that expulsion of the claimants from membership of Chama Cha Uzalendo political party contravenes the law. They were also seeking an order setting aside their expulsion from the Party.
The complainants were seeking an order directing the office of the registrar of political parties not to alter or remove the list of members of (CCU) so as to implement the decision to expel the complainants from the Party.
Mativo had earlier been charged at the Milimani magistrate court with an attempt to steal more than Sh1.9 million from the party.She was also charged with forging a cheque from Commercial Bank of Africa.
She denied the charges before Senior Principal Magistrate Ellenah Nderitu.The magistrate ordered Mativo released on Sh1 million bond or Sh500, 000 cash bail.
Mativo was accused of forging a Sh1, 940,000 Commercial Bank of Africa cheque payable to Maur Abdalla Bwanamaka.She then allegedly stole the money at the bank’s Wabera branch, Nairobi, on March 26, 2013.
