MEMBERS of the Social Democratic Party yesterday won a case which they had filed before the Political Parties Dispute Tribunal compelling the Registrar of Political Parties to nullify the appointment of Mutahi Kagwe, John Mutua and Peter Ndwiga as the officials of the party.
The complainants, Benedict Wachira and Booker Ngesa argued that former Information minister for information Mutahi Kagwe had hijacked the party and forged documents. They said that they were not properly appointed as officials of SDP. Kagwe was appointed last year as national secretary general, John Mutua as organising secretary and Peter Ndwiga as deputy chairperson.
In his ruling, the chairman of the tribunal Peter Simani said that the three called a meeting on May 27 last year which was attended by seven people with the minutes recording one apology and that several persons, amongst them Kagwe, Mutua and Ndwiga were co-opted to ascend to party positions.
“From the party constitution, the membership of the National Executive Committee exceeds the eight persons who were recorded as having either attended or sent apologies for not attending the meeting of May 27 2010. No record is captured as to what the status of the other NEC members was with regard to this meeting,” Simani said in his ruling.
He said that no invitation calling for the meeting was shown and any evidence that the said invitation was extended to all the NEC members. Simani said the tribunal was not satisfied that the meeting was properly convened with requisite notices being dispatched to all those who were entitled to attend.
“Even if we are mistaken on this score, we are sure that even if all the NEC members were invited to the said meeting, the meeting was not properly constituted as neither the chair, secretary or treasurer attended this meeting as required by article 10 of the party’s constitution.” “The list filed with the first respondent by the SDP pursuant to the meeting of May 27 2010 is of no legal effect and any entries made by the first respondent pursuant to an application based on resolutions passed at the meeting of May 27 2010 be reversed,” he ruled. Mwandawiro Mgangha now remains the party's national chairman . The party members have also vowed to file a criminal case against the three for trying to take over the party.