The Registrar of Political Parties has been dealt a blow after the political parties’ tribunal reinstated nominated MP Geoffrey Osotsi to Amani National Congress.
In its Friday judgement, the tribunal found that the decision reached at by the Registrar was in breach of Osotsi's fair administrative action and right to be heard.
“We agree with the appellant that the registrar ought to have accorded him a fair administrative hearing. There is no evidence that was sent to the appellant to show that he had been sent a letter of dismissal, we find the appeal merited,” the ruling read.
Osotsi had filed a case under a certificate of urgency seeking conservatory orders ahead of the hearing of the case where he is challenging his delisting by the RPP.
He also noted that the National Executive Council meeting that purported to appoint Barrack Muluka as his successor was not properly constituted and convened.
The Political Parties Disputes Tribunal had stayed the decision of the Registrar of Political Parties to delist his membership of ANC party.
In May, Registrar Ann Nderitu declined the request by Amani National Congress in a letter dated April 10, citing ongoing court cases.
Consequently, Nderitu summoned the party's officials for a consultative meeting in her office.
“For that reason, and guided by the legal principle of sub judice, this office finds it fair and just to await the court’s determination and pronouncement on the cases before taking any action on this matter,” Nderitu said in the letter.
On March 19, ANC acting secretary general Barrack Muluka wrote to the registrar on the removal of Osotsi’s name from ANC's register.
Muluka cited allegations of misuse of the party’s funds when Osotsi served as secretary general ahead of the 2017 general election.
A similar letter was sent to Michael Sialai, the clerk of the National Assembly, who equally notified Muluka of the ongoing court cases and the procedures involved before an MP loses a seat.
Before acting on the ANC request, Nderitu demanded to be furnished with the requisite internal dispute resolution mechanism proceedings, which was to include correspondence between the party and Osotsi.
She made the request on March 21 and was given the documents on March 26.
But on April 10, the registrar reminded the party that removing the MP from the register would be in violation of the sub judice rule based on the two cases pending in court.
It has also emerged that requisite documents may have not been filed as requested by the registrar, prompting her to summon the party for clarification on the evidence adduced.
Failure to furnish information as requested by the registrar is an offence that can lead to deregistration of a party under section 45 of the Political Parties Act.
