A dispute over alleged changes to the leadership of Chama Cha Uzalendo (CCU) has moved to court, with the Registrar of Political Parties Ann Nderitu accused of being involved.
Former State House chief of staff Nzioka Waita is named as an interested party in the petition filed at the High Court in Mombasa by Mr Maur Bwanamaka, Mr Lawrence Ngovi, Mr Alex Nyaga and Mr Pius Makani, who claim to be CCU officials
Mr Waita is contesting the Machakos governor’s seat on the party’s ticket alongside his running mate, Ms Florence Mwangangi.
The petitioners claim Ms Nderitu failed to carry out due diligence to verify the party’s file before changing the names of officials.
“The first respondent (Registrar of Political Parties) acted illegally and with sheer contempt of a court consent order, proceeded to disenfranchise CCU’s political rights by generating a Gazette Notice No 6399 of August 21 2020 and attempted to alienate the party’s rights by publishing a Gazette Notice No 1992 of February 25 2022,” the petition states.
The petitioners are seeking a permanent order restraining the Registrar of Political Parties from interfering with their rights in CCU.
The petitioners argue that the first Kenya Gazette notice, which purports to recognise and confirm the acting secretary-general and other individuals, was never endorsed by any county executive committee under the party’s constitution
The petitioners accuse Ms Nderitu of continuing to work with Mr Philipe Sadja, an interested party in the case, to facilitate and perpetuate an illegality by contravening the consent order filed and acknowledged by her office.
They also claim that the second notice is not factual and is not supported or approved by genuine National Executive Council, National
Governing Council or National Delegates Conference resolutions.
Mr Bwanamaka, Mr Ngovi, Mr Nyaga and Mr Makani also claim that despite their objections to the notices, the Registrar of Political Parties has refused to act on all issues raised by CCU.
“Ms Nderitu made a unilateral decision without consulting nor hearing the petitioners thus condemning them unheard. Not even an invitation by the Commission on Administrative Justice to arbitrate could sway her to act justly,” the petitioners argue.
Efforts to have the Registrar of Political Parties arbitrate the party’s affairs have been unsuccessful, they say.
The petitioners argue that the Registrar of Political Parties was duty-bound to listen to them and provide documents on the alleged alterations to the list of party officials and on the NEC composition so they could defend their position before the notices were published.
They also want, among other orders, a declaration that the actions of Mr Sadja, Mr Waita and Ms Nderitu that resulted in the publishing of the February 25 notice are not supported by genuine NEC, NGC and NDC resolutions and are therefore null and void BY DAILY NATION