PNU to appeal for the second time decision to repeat its primaries in Embu


Party of National Unity (PNU) says it will again appeal High Court decision that ordered the repeat of its nominations in Embu County.

The party had first lost the application seeking to declare Embu nominations as null and void at the political parties’ disputes tribunal (PPDT) last week.

While delivering his ruling, high court judge Justice Richard Mwongo said that the tribunal did have the jurisdiction to hear and determine the matter.

Justice Mwongo had ordered the repeat of the exercise to be carried out within 48 hours. However, PNU prayed for the stay of the 48 hours pending their appeal application at the court of appeal.

The lawyer for the respondents in the appeal Guantai Mwenda opposed the second appeal saying that if the stay is granted and the appeal filed then there will be no sufficient time to carry out the nominations to allow the people of Embu choose a candidate of their choice.

However, Justice Mwongo granted them the stay on grounds that the constitution allows the right to appeal.

PNU had appealed the tribunal judgment on grounds that the tribunal lacks jurisdiction to determine claims arising from political parties.

The party lawyer Okong’o Omogeni added that the complainants did not exhaust the party’s internal dispute resolution mechanism (IDRM).

He further told the court that the tribunal erred in law by failing to allow the relevant party organs to dispense off with the internal party resolution mechanisms first as provided by the party regulations thus running a parallel process to the party.

Omogeni added that the tribunal erred in law and in fact by failing to appreciate the nomination irregularities alleged to have occurred on April 22nd 2017 had only occurred in a total of three wards which the exercise had been repeated on April 26th 2017.

“The tribunal erred in law and in fact by holding that no polling station in any ward conducted free and fair nominations despite there being no specificity with regard to which polling stations irregularities were witnessed,” said Omogeni.

In their response to the appeal, Mr Mwenda told the court that former Transport PS Cyrus Njiru was not given a chance to contest the primaries in a fair competition as the elections were shambolic and tainted with violence.

Dr Njiru is eyeing the Embu gubernatorial seat on a PNU ticket against Kithinji Kiragu who is a proposed interested party in the appeal.

Four PNU members — Dennis Mugendi, Jeremiah Mugambi Njagi, Patrick Mucira Wilson and Simon Njue Gitegua filed the claim before the PPDT saying results were announced three days before the nominations were held which is against the constitution.