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Nyachae suit plea rejected
- Details
- Published on Saturday, 07 July 2007 23:51
Instead, Mr. Justice Johnstone Mitey directed that the civil suit filed by three Kanu life members be served on the new branch officials and that the suit be heard next Monday.In a brief ruling, the judge asked lawyer Kathurima M'Inoti, for Mr. Moses Rogito, Mr. Peter Ondande, and Mr. Charles Moranga Torori, to serve those named in the suit as defendants with necessary documents before next Monday.
The three are challenging the sacking of Mr. Nyachae as the branch chairman. The three claimed that the act of the new officials was in blatant violation of the party's constitution and that it amounted to illegal force.
They sought an injunction to stop the new officials from carrying out any duties on behalf of the branch until the suit is decided. Kanu Secretary-General Joseph Kamotho, former Nakuru Kanu leader Geoffrey Asanyo, and Kenya Football Federation boss Sam Nyamweya are among the seven defendants.
The others are Mr. Timothy Omato, Mr. Zachary Motari, Mr. John Anunda, and Mrs. Grace Nyangareri. The new team, headed by Mr. Asanyo, took over the branch offices on May 31.Mr. M'Inoti said the executive committee had not been dissolved nor any positions of members fallen vacant as provided for in the party constitution. The take-over, the plaintiffs say, was executed through illegal force and other methods not recognised by the party's constitution.
The lawyer argued further that the action of the new officials was in breach of the democratic rights of the plaintiffs and other members of the Kanu branch. The lawyer told the judge that Mr. Asanyo was not a member of the Kisii branch of the party. He said that at the time Mr. Asanyo took over he was under suspension from the Nakuru branch of the ruling party.
"The High Court has powers to intervene and compel a society that goes against its constitution to adhere to its rules. This was what happened in the Kisii branch and we urge for orders of injunction to be granted," Mr. M'Inoti said.
He added that as bona fide members of the Kanu branch who had the right to vote or to offer themselves as candidates, the plaintiffs would suffer irreparable loss and damage if the affairs of the party were run by people who had not been elected.
The suit is supported by affidavits sworn by an employee of Keroka Express Bus Company, Mr. Benson Nyamweno Mayaka.
The plaintiffs said those elected legally included Mr. Nyachae, Mr. Reuben Oyondi, Mr. Stephen Manoti, and Zephania Anyieni.
