NAIROBI, Kenya, Nov 25 – The Court of Appeal has dismissed an application by Kanduyi Member of Parliament Wafula Wamunyinyi-led Ford Kenya faction seeking to stay orders which had blocked its National Delegates Congress.
This follows a High Court last week that barred Wamunyinyi from convening the party’s National Delegates Congress (NDC) prompting the group to seek a stay order through in Court of Appeal.
“That pending the hearing and determination of this application and in order to ensure full and due compliance with orders of this honorable court, its hereby ordered that the Notice issued by Eseli Simiyu convening the National Delegates Congress of the FORD-Kenya for 21 November, 2020 or any other date be and is hereby stayed,” the court directed.
Nonetheless, the ruling issued by Appelate Judges Wanjiru Karanja, Kathurima M’inoti and Stephen Gatembu Kairu noted that the court was not persuaded that the applicants had desmonstrated the nugatory aspect in their affidavits and submissions.
“The court has considered the Notice of Motion dated 16 November 2020 along with the rival affidavits and submissions forwarded to us by email. Whereas we agree that the application meets the threshold on arguability, we are not persuaded that the applicants have demonstrated the nugatory aspect,” the ruling read in part.
The ruling, therefore, allows Wetangula to retain his seat as the party boss and restrict the rival team from holding NDC which would ratify his ouster.
The party’s National Executive Council had in May resolved to remove Senator Wetangula as Party Leader and replaced him with Wamunyinyi on an interim basis in changes contested by a section of the party’s leadership.
Wetangula’s faction is fighting tooth and nail to wrestle control of the party which had been taken over by Tongaren MP Eseli Simiyu and his Kanduyi counterpart who was named the party leader.