On Monday, Ruto announced his intention to join the 2012 presidential race as the UDM candidate. However, this might not be feasible if the tribunal orders Koech reinstated as party chairman.
Yesterday, Koech who is represented by Mugambi Imanyara asked the Political Parties Tribunal led by Peter Simani to declare his ouster unconstitutional and rescind the decision by the party's national executive committee to out him as chairman until 2013 when his term runs out.
The tribunal directed the UDM party lawyers led by Saitaboi Kanchory to submit their written submissions on the afternoon of May 3.“We want to expeditiously conclude and determine this matter even if it means extending out sitting time up to 9pm on that day," said Simani when he issued his orders.
Some of the UDM officials who attended the session were optimistic that the tribunal would rule in their favour. They said even if the tribunal ordered the reinstatement of Koech as party chairman, they still had the option of convening a national delegates conference to remove him and replace him with someone else.“Even if the verdict is in your favour, we will convene a national delegates’ conference and replace you as quickly as possible,” the UDM officials told Koech after the session adjourned.
They said that Koech could not be the party chairman as he would be in violation of the Political Parties Act which bars civil servants from holding political office.Raila last year appointed Koech as the chairman of the Poverty Eradication Commission.
Yesterday Simani informed those present that the tribunal was operating without its regulations which have yet to be published.“The law provides that the regulations are signed by the Chief Justice, who unfortunately, as you know, is not in office,” he said. The lawyers said they were comfortable to proceed with the matter even without the regulations.
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