Friday, July 1, 2011

Court stops Kanu recruitment drive

Kanu secretary general Nick Salat. The High Court has stopped Kanu from recruiting new members July 1, 2011. FILE
By PAUL JUMA
Posted  Friday, July 1 2011 at 14:11

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The High Court has stopped Kanu from recruiting new members.
Kanu Secretary General Nick Salat and Mr Abdulrahman Ahmed Abdalla obtained the injunction after filing a suit against party chairman Uhuru Kenyatta and organising secretary Justin Muturi.
The court order restrained Mr Kenyatta and Mr Muturi from directly or indirectly initiating the recruitment process, which was due to start Friday, unless they comply with the Constitution and the Political Parties Act.
The injunction will be in force until the matter is heard and determined, Judge John Mwera ordered Friday.
Mr Muturi last Sunday issued a notice in the local dailies announcing that the membership drive would start July 1.
In the notice, he cited powers conferred on him by the party’s constitution and instructions from the party chairman.
But according to Mr Salat, that notice is illegal because Mr Kenyatta “is unconstitutionally in office and does not have powers to instruct the national organising secretary".
Mr Salat also told the court that Mr Muturi, having been appointed chairman of the Centre for Multi-Party Democracy under the Party of National Unity, cannot call for recruitment of Kanu members.
Justifying his application, he added that Mr Kenyatta’s position in Kanu is a subject of a petition filed last year in Mombasa.
“I am aware that this court has stopped the grassroots elections of another political party, ODM of involvement of state officers,” he said.
The Mombasa petition, filed by Mr Abdalla and others, seeks to determine whether Mr Kenyatta, by being chairman of Kanu, is breaking the law that prohibits appointed state officers from holding political party positions.
“I am aware that the petition has not been determined,” he added, “and in the event that the court rules in favour of the petitioners, all actions by the national party chairman (Mr Kenyatta) would have to be declared null and void.”
Mr Kenyatta’s association with a different political party was also cited.
“Having declared himself as a member of the Party of National Unity, he cannot at the same time be a member of Kanu.”
Mr Salat and Mr Abdalla accuse Mr Kenyatta and Mr Muturi of “blatantly ignoring constitutional and statutory provisions” to mislead the party.

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