No end in sight for UDM leadership row

Thursday, 19 May 2011 00:07 BY MOSOKU GEOFFREY

SUCCESSION: UDM chairman Joseph Chirchir with former chairman John Koech after the hearing at the Political Parties Tribunal.

A technical hitch may delay the hearing and determination of a leadership dispute in the United Democratic Movement. This followed a preliminary objective by UDM’s lead counsel Katwa Kigen who questioned the jurisdiction of the tribunal to hear the case. The tribunal created under the Political Parties Act is operating without its regulations which have not been published.
Earlier on, tribunal chairman Peter Simani said the rules have not been gazetted due to the absence of the Chief Justice. “The law provides that the regulations are signed by the Chief Justice, who unfortunately as you know is not in office,” he said.  The Political Parties Tribunal which sat on Monday at the Anniversary Towers directed that it will issue a ruling on Friday next week.
Last month, Simani asked both lawyers if they were comfortable to proceed with the matter without the regulations which they both responded in the affirmative.
However when Katwa Kigen replaced Saintaboi Kanchory as the lead could for UDM, he raised an objection. Simani then issued a new date when the ruling of Katwa’s objection will be made. “If the tribunal rules against the preliminary objection by Katwa, then we will move to the substantive hearing,” Simani said.
However, the tribunal boss said should Katwa succeed in his objection, then the matter will have to wait. The case was referred to the tribunal following the application by Gen. (rtd) John Koech who was ousted in a bloodless coup in November last year.
Through lawyer Mugambi Imanyara, the former UDM boss says he should be reinstated and left to serve his full term which expires in 2013. However, UDM insists that Koech’s sacking was in line with the constitution, the Political Parties Act and the UDM constitution.
They argue that he was replaced having been appointed a public servant; he chairs the Poverty Eradication Commission. Koech, a key Prime Minister Raila ally, was replaced with former Knut chairman Joseph Chirchir who is a staunch ally of Eldoret North MP William Ruto. Ruto has already announced that he will be contesting the presidency on a UDM ticket in next years’ general election.