BY SAM ALFAN.
High Court has upholds decision by Political Parties Disputes Tribunal ruling that Party of National Unity (PNU) Embu county primaries be repeated within 48 hours.
Justice Richard Mwongo agreed with the reasons that were issued by the tribunal saying that it has jurisdiction to hear and determine cases arising from nomination exercise.
Principal Judge .However stayed the decision till Monday noon to allow the parties appeal the said decision.
PNU moved to high court to challenge the tribunal ruling saying that the political parties tribunal did not have the requisite jurisdiction to entertain petition by the complainants given that the internal party dispute resolution mechanisms had not been exhausted as provided by the party constitution.
“The tribunal erred in law by failing to allow the relevant party organs to dispense off with the internal party resolution mechanisms first as provided by the party regulations thus running a parallel process to the party,” argued PNU
Under the memorandum of appeal filed before Principal Judge Richard Mwongo, PNU claimed the Tribunal erred in law and in fact by failing to appreciate that the respondents did not have the requisite capacity to petition the tribunal on account of the fact they were not party members or candidates in the impugned nomination exercise.
The tribunal stopped PNU from issuing certificate to winners saying that the exercise was marred with irregularities and ordered for a repeat of the same.
PNU added that the tribunal erred in law and in fact by failing to appreciate the nomination irregularities alleged to have occurred on April 22nd 2017 had only occurred in a total of three wards which the exercise had been repeated on April 26th 2017.
