Blow to Godfrey Osotsi as Mudavadi's party allowed to fire him
What you need to know:
- Mr Osotsi had lost his Secretary-General post in the party led by politician Musalia Mudavadi.
- He turned to the tribunal after he was replaced with Mr Muluka and Mr Mudavadi later moved to the High Court arguing that he had not exhausted the party's dispute resolution processes.
- Justice Cecilia Githua overturned the tribunal's decision saying it lacked jurisdiction to hear the dispute because the MP had not exhausted ANC's mechanisms.
Nominated MP Godfrey Osotsi was dealt a blow on Tuesday, when the High Court overturned a decision of the Political Parties Disputes Tribunal, where he successfully challenged his removal from Amani National Congress (ANC).
Mr Osotsi had lost his Secretary-General post in the party led by politician Musalia Mudavadi.
Justice Cecilia Githua overturned the tribunal's decision saying it lacked jurisdiction to hear the dispute because the MP had not exhausted ANC's internal mechanisms.
Ms Githua also said the appeal by Mr Mudavadi, Mr Kelvin Lunani, Ms Margaret Ndanyi and Mr Barack Muluka was merited and therefore set aside the tribunal's entire decision.
ANC'S ARGUMENTS
Mr Osotsi turned to the tribunal after he was replaced with Mr Muluka.
Mr Mudavadi later moved to the High Court arguing that Mr Osotsi took the case to court before exhausting the party's dispute resolution processes.
Through lawyers Dan Ameyo and Alatulala Mukhwana, the party argued that the PPDT lacked jurisdiction to hear the case.
ANC also dismissed claims contained in the judgment of the PPDT that Mr Osotsi was coerced into resigning.
The party said there was evidence that he was stressed but this was an insufficient reason to nullify Mr Muluka's appointment.
OSOTSI'S ARGUMENTS
The nominated MP, through lawyer Jackson Awele, argued that the appeal was frivolous and premised on deliberate non-disclosure and misrepresentation of material facts.
He claimed the ruling on the jurisdictional objection was made in February 2018 and that the appeal did not provide good or sufficient reasons why the party did not challenge the same within a reasonable period of time.
“Indeed, in so far as my removal is concerned, the court will appreciate that the tribunal made sound findings based on unconverted direct and circumstantial evidence of coercion and undue influence on the part of the applicants," Mr Awele argued.
"The said findings are premised on sound principles of law, including the Constitution, applicable laws in Kenya and comparative jurisprudence in established democracies the world over."
The judge, however, dismissed the objection by Mr Osotsi and allowed Mr Muluka to continue acting as the party’s SG.
