Court bars the registrar of parties from banning Kanu

Tuesday, 24 May 2011 00:08 BY MAUREEN MUDI

REPRIEVE: Lawyer Betty Mwenesi representing Kanu members at the high court in Mombasa yesterday.

The high court in Mombasa has barred the Registrar of Political Parties from deregistering the party. Justice Jackton Ojwang' said Kanu's status quo remains, pending the determination of a case filed by the members against party chairman Uhuru Kenyatta and the Registrar of Political Parties.
Abdulrahman Ahmed Abdalla and three other party members had gone to court claiming that Uhuru failed to call a meeting despite the fact that the registrar had given the party a 90-days notice.
Lawyer Musalia Mwenesi, representing the members, told the court that Uhuru, as a state officer, is not allowed by law to hold office. “While holding the office, Uhuru has inhibited the party’s electoral process thus threatening the existence of the party,” Mwenesi said.
The judge also said the petition should be listed for hearing on the basis of priority and within 30 days. “These orders shall be served upon the respondents within five days and the costs shall abide the hearing and determination of the petition,” judge Ojwang' said.
In the case, Abdalla’s lawyer, Musalia Mwenesi had informed the court that despite effecting service on the defendants, they had failed to turn up in court for the full hearing.
On that ground, Justice Ojwang had ruled that the matter commences ex-parte, after considering that the case had come up in court twice for hearing.
 Abdalla, Edward Oluchiri, Mwachanje Kilelu and Paul Kibet, had moved to court saying that under the new constitution, if an official holds a government office, he is supposed to be exempted from the chairmanship position.
They had further claimed a letter was written by the registrar saying the party would be deregistered within 90 days in compliance with the new constitution.
The group wants Uhuru to resign as the party chairman and the registrar of political parties refrained from deregistering Kanu. They accuse Uhuru of failing to hold any elections or annual general meeting for the last two years, which is against the party rules.  “My clients, who are life members of Kanu, want the party to be given more time to put its house in order, they also want the registrar to be restrained from exercising her powers under section 26 of the Political Parties Act 2007,” they said.