Two petitions against Muluka filed at the Registrar of political parties Act

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NASA co-principal Musalia Mudavadi

Eight Amani National Congress (ANC) party members have filed two separate petitions with the Registrar of Political Parties Lucy Ndung’u challenging the appointment of Barrack Muluka as party’s Secretary General.

On Wednesday, ANC placed an advert in the local dailies that Muluka had taken over from Nominated MP Geoffrey Osotsi, but the petitioners have challenged this move.

NASA co-principal Musalia Mudavadi appointed Muluka, a political analyst following a meeting of the party’s National Executive Committee on October 12 in Nairobi.

The petitioners are demanding for fresh elections to have substantive party officials rather that ‘illegal attempts’ by the National Executive Council.

In a petition to Ms Ndung’u, Ibrahim Memba yesterday challenged the appointment of Muluka as the new member of the party terming it a gross violation of the party constitution.

Violation of law

In the petition, Memba who has enjoined top officials including party leader Mudavadi, Osotsi, and its chair Ken Lunani, claimed that ANC had maliciously and dishonestly misinformed Ms Ndung’u that he has resolved complains and amicably picked on Muluka.

Memba said the party did not give enough time to its members to raise objection on the appointment of Muluka. The petitioner also claimed that officials contravened section 20 (2 and 3) of the Political Parties Act which demands that a party exploit all complaints and dispute mechanisms before effecting any changes.

He accused the party of holding an illegal move by purporting special National Executive Council meeting to change officials of the party when it was clear that was the role of the National Governing Council and the National Delegates Congress.

Illegal move

In the second petition, seven members raised 20 issues which they believe the party violated in its replacement of the Secretary General.

Nyaribo said: “The minutes of the said meeting was fraudulent and exposes key party officials to criminal charges for violation of offences contained in the political Parties Act.”

The petitioner said ANC had not conducted a free and fair polls to elect new officials as per the constitution and therefore the replacement of Osotsi by an interim SG was a violation the institution’s constitution.

The petitioners claimed that lawyer Dan Ameyo, who was not the party advocate responded illegally on behalf of the party.