Bid to nail party hoppers boosted

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Friends Of Raila (FORA) lobby group Deputy Patron Gitobu Imanyara and other FORA members during a press conference. Photo/ANTHONY OMUYA 

By PAUL OGEMBA pogemba@ke.nationmedia.com
Posted  Monday, July 30  2012 at  23:30

IN SUMMARY

• Judge allows lobby group to use video footage as evidence against MPs who have decamped from their sponsoring parties

A push to tame party-hopping MPs got a boost on Monday after a judge allowed a lobby group to use video footage as evidence against individuals who have defected from parties that sponsored them to Parliament.

Mr Justice Mohammed Warsame allowed the request by Friends of Raila (Fora), which sought to compel Registrar of Political Parties Lucy Ndung’u to review videos and television footage of MPs who have decamped from their sponsoring parties, and declare their seats vacant.

Through lawyer Anthony Oluoch, the group wanted an order for Ms Ndung’u to evaluate video footage and media reports of parties launched in the last six months, and their subsequent rallies to ascertain MPs who have joined or participated in their formation.

In his direction, Justice Warsame said the applicants could review media footage and file an affidavit detailing the conduct of any MP who has defected to another party.

He said the details should include the date the MP may have made the acts or omissions, showing that they may have left the sponsoring party and formed another political party.

“The affected MPs should be served with the documents including the footage indicating they had committed an act amounting to a defection, deception, and deceit amounting to joining another political party other than the one which sponsored them to Parliament either through election or nomination,” said Justice Warsame.

Upon filing an affidavit containing the video footage, the judge directed Ms Ndung’u to give a detailed reply showing whether any member mentioned had contravened Section 14 of the Political Parties Act, and state why she has not taken any action against that individual.

Also to file a reply to the information within 10 days are MPs who will be affected by the application by Fora.

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Fora went to court claiming that the registrar’s failure to take action against MPs who have publicly declared defection to other parties is a violation of the Constitution and the Political Parties Act. 
The petition will be heard on September 20.