It is a major blow for Amani National Congress Nominated Member of Parliament Godfrey Osotsi as high court overturns Political Party Tribunal (PPDT) decision that reinstated him.
High court Justice Cecelia Githua has ruled that the PPDT was wrong in entertaining the case by Osotsi adding that the Nominated legislator had not exhaust the party’s internal dispute resolution mechanism.
“The decision of the tribunal dated 12-4-2018 is set aside in its entirety”court ruled.
The court’s decision translate that the removal of Osotsi from ANC’s register still stands and therefore he risk losing the nominated Member of Parliament seat.
Osotsi had moved to the Political Parties Dispute Tribunal (PPDT) to contest his removal as the party’s secretary-general, saying it was irregular.
The Musalia Mudavadi party had expelled him over what they termed as “wrongful conducts” arising from his tenures as ANC Party Secretary General.
The allegations against the former Secretary General were that he failed to prepare a budget or financial statement and failed to honour party invitations to explain various queries.
He was also accused of failure to account for Ksh.50 Million as well as suspicions of failing to remit all revenue received by the party.
The Tribunal granted his prayers and reinstated him,a decision that was challenged by ANC who filed an appeal at the High Court.
Osotsi’s lawyers then filed an application for a judicial review of the party’s processes involved in kicking him out.
In his defense, Osotsi said that, according to the party constitution, the treasurer of the party is in charge of the party finances and budgets at all party levels.
In March this year, at a Special National Executive Council (NEC) ANC adopted the report of its disciplinary committee recommending the expulsion of nominated MP Godfrey Osotsi over claims of misuse of the party’s funds when he served as secretary-general before the 2017 General Election.