Registrar reinstates former President Kibaki as PNU leader
- Delegates had elected CS Peter Munya as leader
- The Political Parties Disputes Tribunal overturned the decision
- High Court judge John Mativo upheld the tribunal's judgment
The control of the Party of National Unity has been reverted to retired President Mwai Kibaki.
Acting Registrar of Political Parties Anne Nderitu said the former president remains the party's leader according to judgments made by the Political Parties Disputes Tribunal on June 20, 2017 and the High Court on September 11 this year.
Mr John Mbugua was also confirmed as the party chairman, Ms Irene Muronji (first vice chairperson) and Ms Paul Amenya (second vice chairperson).
Mr Kibaki will work with Mr John Okemwa as the party’s secretary-general, Ms Agnes Toya as his deputy and Mr Alphonse Musyoki as the national organising secretary. Other officials are Ms Anastacia Munyendo (national treasurer) and Genery Wando as her deputy, Ms Anne Chebet (director of elections), Ms Prisca Mwita (chairperson of the women league) and Ms Beatrice Cherono (chairperson of the youth league).
The officials were the bona fide office bearers before October 27, 2016 when Trade Cabinet Secretary Peter Munya was elected the party’s leader during a national delegates convention. He left the party’s leadership early this year when he was appointed by President Uhuru Kenyatta to the Cabinet.
The tribunal overturned the delegates' decision and ruled that the officials of the party were as it was before the changes were made during a conference held at the Bomas of Kenya. “The officials of the interested party in office as at October 27, 2016 remain the bona fide office bearers of the Party of National Unity,” ruled the tribunal.
Ms Nderitu reinstated Mr Kibaki and his team after High Court judge John Mativo upheld the tribunal's judgment.
The judge ruled that the there was nothing to show the tribunal exceeded its powers in determining the leadership dispute. He explained that the tribunal's decision could have been quashed if it was found that it was not authorised by any power to solve the differences.
“An administrative or quasi-judicial decision can only be challenged for illegality, irrationality and procedural impropriety. An administrative decision is flawed if it is illegal. A decision is illegal if it contravenes or exceeds the terms of the power which authorises the making of the decision,” said the judge.
Justice Mativo said inviting the court to reopen the issue is a merit review which is a ground for appeal outside the function and scope of the judicial review jurisdiction.