Paul Ogemba
13 July 2011
Nairobi — Top Kanu officials Uhuru Kenyatta and Justin Muturi have come out fighting after the High Court barred them from conducting party membership recruitment.
The two were stopped by the High Court from recruiting new members on July 1 after Kanu secretary general Nick Salat filed a suit challenging their being in office.
The court ordered the two not to directly or indirectly initiate the recruitment process unless they comply with the Constitution and provisions of the Political Parties Act.
But in an affidavit, the two said the court had no jurisdiction to hear and determine the petition since the party was bound by the Political Parties Act.
“The application is incurably defective since we are all members of Kanu, which is a body within the meaning of Section 24 of the Political Parties Act. If there is any dispute, it should be addressed by the Political Parties Disputes Tribunal,” says the affidavit.
Mr Kenyatta is the party chairman while Mr Muturi is organising secretary.
The chaiman said although he is Deputy Prime Minister and minister for Finance, he holds the positions by virtue of Sections 15 and 16 of the old constitution and under that dispensation, he is not a State officer as purported by the petitioners.
Mr Muturi admitted that he was nominated by the Party of National Unity (PNU) for election as chairman of the Centre for Multi-Party Democracy but that did not mean he had ditched Kanu as it was a corporate member of PNU.
“It is the same capacity in which Kanu members in the PNU alliance have been appointed ministers,” said Mr Muturi.
On the petitioners’ submission that they relinquish their party positions like vice-chairman Marsden Madoka, Mr Muturi said Mr Madoka did so because the chairmanship of the Kenya Revenue Authority made him a public officer.
The party leaders said there was nothing unconstitutional or illegal if the Kanu recruitment process was allowed to continue, adding that under the Political Parties Act, they were not members of any other party except Kanu.
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Kenya: Uhuru Challenges Order On Party Recruitment