Lawyer Stephen Mogaka(right) having a word with his client outside Milimani Law court(file photo).
BY SAM ALFAN.
Political parties’ tribunal has temporarily suspended a gazette notice that’s alleged to deregister the former president Mwai Kibaki Party of National Unity (PNU)
The tribunals Chairman Kyalo Mbuba said that the party should proceed with its political activities pending the hearing and determination of the appeal before it.
Former President Mwai Kibaki’s Party of National Unity (PNU) moved to Court to block its deregistration arguing that the Registrar of Political Parties did not accord it an audience prior to its closure.
Lawyer Stephen Mogaka on Tuesday last week filed a case on behalf of the party, its secretary general John Okemwa Anunda and John Kamama Mbugua, challenging the gazette notice published by Lucy Ndung’u which brought to an end the seven year existence of the party.
PNU wants the High Court to quash the gazette notice issued by Registrar of Political Parties Lucy Ndung’u on Friday last week.
PNU’s closure followed its failure to submit its financial accounts to the Auditor General within three months after the close of the financial year for an audit, in contradiction of section 31 (2) of the Political Parties Act.
The party has said in its suit filings that the Registrar had not given it a chance to explain why the accounts had not been submitted to the Auditor General.
Correspondence from the Registrar, PNU claims, had been sent to two strangers, K.K Ndumino and Isaac Rutere, who allegedly acted on behalf of the party without its knowledge.
Mr Ndumino has allegedly responded to the registrar’s letters while Mr Rutere has been accused of receiving the said letters on behalf of the party.
“The Registrar has been misrouting its correspondence to PNU with the result that the party has been kept unaware of intended action by the Registrar. Besides Mr Ndumino, Mr Rutere has been collecting mail from the Registrar and is equally a stranger to PNU,” said Mr Mogaka.
PNU has said that the documents needed went missing under the reign of the old officials led by Gideon Konchellah. After they allegedly locked the party’s offices, the new officials had to seek a break in order to access the required documents, a move that was in vain.
“PNU had to obtain a break in order in an endeavor to access its records to file the returns. Upon breaking into PNU’s offices, the documents found were not useful for filing the required returns,” said John Anunda, the party’s secretary general.
Lady Justice Mumbi Ngugi certified the matter urgent, but declined to grant PNU any orders until the matter is heard before her tomorrow. PNU has enjoined Attorney General Githu Muigai in the suit.
PNU has undergone difficulty since former chairman George Saitoti died in 2012.
Its financial difficulties rose to the fore after its disqualification from the political parties’ funding owing to an agreement it signed with The National Alliance (TNA) in the run up to last year’s General Election in which it was not to field any individual candidates in the polls.
Majority of its members also crossed over to President Uhuru Kenyatta’s TNA.
The case will be heard on November 7.