THE High Court in Mombasa has slammed politicians who hold state offices while at the same time have political offices. This was contained in a ruling made by a three judge bench in a case in which the Kenya African National Union life members sued former party chairman Uhuru Kenyatta over breach of the party’s constitution by among other things, failing to hold party meetings.
In the case, party members Abdulrahman Abdalla, Edward Oluchiri, Mwachanje Mwacharo and Paul Kibet had filed a petition against Kenyatta and the registrar of political parties seeking a declaration that Kenyatta, as a state officer, should be disqualified from holding the position of Kanu chairman or any other position in the political party.
The judges ruled yesterday that Kenyatta is disqualified from holding a political party post. “We therefore declare that Kenyatta is disqualified from holding the office of national chairman of Kanu, or from holding any other political party post, whilst he is a state officer,” the ruling said.
But in a swift response to the Star, Kenyatta's public relations manager Munyori Buku said, “That is now water under the bridge, it has been overtaken by events.” Buku said Kenyatta has already complied with the provisions of the constitution, and holds no position in Kanu or in TNA.
Kenyatta was also ordered to pay the costs of the total suit, including that of the petitioners and the registrar of political parties, with the court noting that he failed to enter attend court. The case was heard by Justices Mary Katsango, Edward Mureithi and Grace Nzioka. The deputy prime minister has however since shifted to TNA, making the ruling inconsequential to him.
The court further declared that the Kanu secretary general has no power to call for a national governing council, national executive committee or national delegates conference, other than as directed by the Kanu chairman.
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