Nominated MP Godfrey Osotsi is still the Sectretary General of Amani National Congress (ANC), the Political Parties Dispute Tribunal (PPDT) has ruled.
Led by the Chairman Kyalo Mbobu, the members, Hassan Abdi and Desma Nungo of the tribunal ruled that the removal of Osotsi and his replacement with Barrack Muluka was irregular and unlawful.
They further ruled that the purported removal contravened several Articles of party’s constitution.
“The office of the Secretary General was a substantive national office and the appointment of Muluka was not sensitive to the party members’ legitimate expectation to participate in the decision making,” ruled the tribunal.
Osotsi had been replaced on 12th October 2017 through a special National Executive Council
However, the Tribunal rejected claims that Muluka did not meet the qualification for the appointment of the party’s Secretary General.
Further, the members rejected a plea to bar Muluka from contesting the position once the elections are called.
They Tribunal went ahead to rule that Osotsi, is still the party’s Secretary General, until ANC holds elections in strict compliance with the party constitution.
The three members were of the view that there was a deliberate move on the part of the respondents to conceal the real intention of the meeting contrary to the party’s principles and core values as enshrined in Article 8 of the party’s constitution.
“We therefore declare that the special sitting held in October last year and the decision taken was irregular,” said the members.
The Tribunal had been told that the special National Executive Council was called on 12th October to allegedly receive party updates.
When it later turned out that the meeting was to replace Osotsi, Angela Gathoni Wambura and Ibrahim Memba complained that the replacement of Osotsi was not in the agenda of the meeting.
The members however said that the respondents in the matter were at liberty to appeal the decision.