According to suit papers seen by Capital FM News, the members led by former Limuru MP George Nyanja, claim that Musyimi is not a registered member of DP.
They argue that Musyimi having not signed the DP’s Code of Conduct and the Pledge of Commitment is also not eligible to purport that he can seek the presidency on the party’s ticket.
“The Respondent being a member of the Party of National Unity (PNU) party he is certainly not and cannot lawfully be a member of the Democratic Party of Kenya and therefore barred ab initio from claiming or purporting that he will seek the presidential seat at the coming general election on the ticket of DP,” read the grounds of the suit.
They are seeking urgent orders the MP and his followers from continuing to convene meetings they termed as prejudicing to DP members s who seek to be elected to various positions on DP tickets.
“Both the Constitution and the Political Parties Act bar the Respondent from claiming that he will seek any elective office on the ticket of the D.P. unless and until he first registers as a member of that party,” the petitioners insisted.
The application said that the National Delegates Committee (NDC) of the Party had not made a decision to sponsor a presidential candidate and that Musyimi is subverting the best political interests of the party and its members by prejudging matters before he even registers as a member of the party.
“The Respondent and his proxies plan other meetings to carry out the impugned agenda. Given the serious prejudice occasioned upon the Applicants and ordinary members of DP the Honourable Court should issue the orders sought forthwith,” read a section of the application by lawyer Kibe Mungai under the certificate of urgency.
On Thursday, Musyimi who has so face reached out to 35 counties to popularize his bid for the presidency said that he had continued to engage with DP as he seeks endorsement as the party’s flag bearer at the forthcoming National Delegates Convention.
Article 14 of the Political Parties Act bars a person from being a member of more than one political party at the same time.
Further, Article 14(5) provides that: “A person who, while being a member of a political party forms another political party, joins in the formation of another political party, joins another political party, in any way or manner, publicly advocates for the formation of another political party; or promotes the ideology, interests or policies of another political party shall, notwithstanding the provisions of Subsection (1) or the provisions of any other written law, be deemed to have resigned from the previous political party.”