Leadership wrangles are threatening to split the Supreme Council of Kenya Muslims (Supkem).
The contention revolves around two factions that are fighting to control the organisation.
In a letter dated January 23, 2023, the Registrar of Societies, reinstated ousted officials, including Yusuf Abdulrahman Nzibo as the chairman based on 2017 records.
However, the Supkem council swiftly opposed Nzibo's leadership, citing disciplinary grounds for his removal and pointing fingers at the Attorney General for fueling the ongoing wrangles.
"The Attorney General is not doing his job. He is enabling unwanted behaviours by Yusuf Abdulrahman Nzibo," noted Sharrif Muhudhar Khitamy, the council's national deputy chairman.
Nzibo has asserted his chairmanship, based on the Registrar of Societies' letter.
He demands that the current leadership, led by Hassan Ole Naado, vacate their positions immediately.
"The Registrar of Societies has affirmed severally the legitimacy of the national office bearers, reinstating the rightful leadership of Supkem as per the last Annual General Meeting and elections last held in November 2017," he said.
The power struggles escalated to the court, with Hassan Ole Naado and Supkem filing a petition challenging the decision of Registrar of Societies.
The case was however dismissed on technicalities last Friday. Justice John Chigiti ruled that Supkem, being a registered society, cannot institute proceedings in its own name.
The judge emphasised that societies under the Societies Act must sue or be sued through duly authorized elected officials or members.
Also, the judge asserted that a representative of the council in court has to be authorized and appointed in writing to the satisfaction of the court.
"I have perused the materials in this matter and I have not found any appointment of the 2nd applicant (Hassan Ole Naado) in writing, authorizing him to represent the society, being the Supreme Council of Kenya Muslims (Supkem). As such, I find that the 2nd applicant has not complied with section 41 of the Societies Act," reads the ruling.
