• Jubilee deputy secretary-general Caleb Kositany writes to the Registrar of Political Parties terming the deal null and void.
• Kositany says the National Executive Committee had not met and therefore “it could not have sanctioned such action in absentia.”
Allies of the Deputy President William Ruto on Tuesday morning moved to court to challenge the new political deal between the Jubilee Party and Kanu.
The case challenging the post-election coalition pact signed last week on Friday was filed by Hillary Kosgei.
At the same time, Jubilee Party deputy secretary-general Caleb Kositany on Tuesday morning delivered a protest letter to the Registrar of Political Parties Ann Nderitu.
The Soy constituency MP told Nderitu that the coalition agreement is “null and void” since it was not in line with the JP constitution and the Political Parties Act.
“According to article 32.2 of the Jubilee Constitution, on a post-election coalition, it provides that the National Executive Committee pass a resolution to commit Jubilee Party to a post-election coalition or to terminate the same,” Kositany notes in his letter.
Kositany says the National Executive Committee had not met and therefore “it could not have sanctioned such action in absentia.”
“These illegal acts are in blatant contravention of the Third Schedule of the Political Parties Act. Where under section 2 of the schedule provides that a coalition agreement shall be sanctioned by the governing body of the political parties entering into the coalition,” he said.
Kositany also has told the RPP that the deal agreement deposited in her office does not have the legal backing since the due process was not followed.
“Kindly disregard them until the constitutionally sanctioned party organs meet and authorise it,” he says.
On Tuesday, the Political Parties Dispute Tribunal issued interim orders stopping the Jubilee Party from executing its coalition agreement with Kanu.
After an appeal by the Jubilee Party Deputy Secretary-General Caleb Kositany, Nakuru Senator Susan Kihika, and the National Assembly Majority Chief Whip Benjamin Washiali, the tribunal ruled that matter be certified as urgent.
"In the interest of justice an interim order be and is hereby issued declaring that any decision or action founded on the coalition agreement purportedly signed by the two parties and deposited on May 4 is null, void and has no effect," the ruling read in part.
The interim order also restrained Tuju and Dzuya from making any coalition agreements on behalf of the Jubilee Party without a valid, formal resolution of a duly convened National Executive Committee.