Bungoma Senator Moses Wetang'ula has a new political lifeline after the dismissal of an appeal by Ford Kenya rivals led by Tongaren MP Eseli Simiyu.
The Court of Appeal dismissed with costs an appeal by Eseli and Kanduyi MP Wafula Wamunyinyi to overturn High Court orders that barred them from transacting business on behalf of the party as well as holding a national delegates congress.
Justices W. Karanja, K. Gatembu and K. M'inoti said the reasons for their decision will be given on February 19, 2021.
The judges considered the motion on notice (application served on an opponent) along with documents forwarded to the them by email.
“Whereas we find the appeal arguable, we are not persuaded that the nugatory aspect has been demonstrated. Accordingly, the application is dismissed with orders that the costs abide the outcome of the appeal,” they ruled.
The ruling means that Wetang'ula remains Ford Kenya leader.
“Ford Kenya remains intact under the leadership of Moses Masika Wetang'ula. In the meantime, Eseli and Wamunyinyi remain suspended and have no legal right to transact any party business,” the party said in a statement after the ruling.
Wetang'ula thanked party lawyers for the commendable job. “Well done Ford Kenya attorney Benson Milimo and LSK President Nelson Havi for your excellent bro bono services that have saved our party, our heritage from marauding, inane and diabolical brokers and auctioneers who are bidding for their masters. Sustain the spirit!” he said.
On November 16, the High Court barred Wamunyinyi from convening a meeting of the National Delegates Council.
The respondents and interested parties were directed to file submissions within seven days, before the November 25 mention date.
This was after Eseli said in a notice published on October 31 that the party would hold the NDC on November 21 at the Bomas of Kenya.
The meeting was to endorse far-reaching leadership changes made by the national executive council in May. The occasion would have been the first Ford Kenya elections of national officials in nine years.
In May, the NEC purportedly removed Wetang'ula as the party leader and replaced him with Wamunyinyi on an interim basis. The changes were contested by a section of the party leadership.
Wetang'ula moved to the High Court and he was temporarily reinstated.
A NEC meeting had resolved to replace Wetang'ula with Wamunyinyi on an interim basis awaiting ratification by the NDC.
