High court will tomorrow deliver its judgment on an appeal filed by Party of National Unity (PNU) challenging the decision of the Political Parties tribunal which nullified PNU nominations in Embu County and ordered a repeat in 48 hours which will elapse today.
Through their lawyer Okongo Omogeni, PNU claims that the political parties tribunal did not have the requisite jurisdiction to entertain petition by the complainants given that the internal party dispute resolution mechanisms had not been exhausted as provided by the party constitution.
“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,” said Omogeni.
Under the memorandum of appeal filed before Principal Judge Richard Mwongo, PNU adds the Tribunal errered in law and in fact by failing to appreciate that the respondents did not have the requisite capacity to petition the tribunal on account of the fact they were not party members or candidates in the impugned nomination exercise.
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.
He added that the free will of the electorate of Embu County is in Jeopardy hence the need for the court to intervene.
“The statutory expiration period for the nomination process is scheduled for the May 10, 2017 hence the urgency,” said Omongeni.
While delivering the ruling on behalf of the three member tribunal on April 2, 2017, the chair Kyalo Mbobu declared the nomination process as null and void as it was shambolic and full of irregularities.
The tribunal also restrained PNU from issuing certificates to any party candidate. Mr Mbobu said that the party failed to follow its nomination rules during the primaries held late last month.
The directive came after four PNU MCA aspirants from Embu sought a repeat of the nomination exercise claiming that it was tainted with violence, bribery and open campaigns during the nomination.
The four petitioners Denis Mugendi, Jeremiah Mugambi Njagi, Patrick Mucira Wilson and Simon Njue Gitegua told the tribunal that the nomination exercise was a sham. Embu Gubernatorial Aspirant former transport Ps Dr cyrus Njiru is also a petitioner by-proxy.
The tribunal had ordered that the exercise within Embu County to be carried out strictly in accordance with the party constitution, nomination rules and electoral laws within 48 hours.
Earlier an attempt by PNUto have the matter struck out for none compliance with PNU Constitution on dispute resolution was dismissed.
The tribunal agreed with Mr Muinde that the PNU did not follow the due process to resolve the issue.
The tribunal was presided over by Kyalo Mbobu (chairman), James Atemi and Aldeline Mbithi.
Embu Gubernatorial aspirant Kithinji Kiragu is one of the interested parties and was in court during the hearing of the appeal.
The ruling before Mwongo will be delivered tomorrow at 11.00 am.