A three judge bench in the court of appeal has dismissed an application by Ford Kenya cou leader Wafula Wamunyinyi that sort stays orders which had stopped them from holding the party’s National delegates conference.
Appelate Judges Wanjiru Karanja, Kathurima M’inoti and Stephen Gatembu Kairu made a ruling upholding high court rulling that stopped the convention.
“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 the high court directed in its ruling last week
Nevertheless, the appellate court dealt a blow to the rebel leaders as it noted that the court was not persuaded that the applicants had demonstrated 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 signals.
If the Wamunyinyi led faction had managed to organize the NDC then Wetangulas ouster could have been ratified dealing him a blow in the control of the party
In May in what was termed as a coup within the party the National executive council {NEC} crowned Kanduyi member of parliament as party leader ousting the Bungoma senator as from the party
Wetangula reciprocated and expelled sec general Eseli Simiyu and Wamunyinyi from the party, with both parties trying to outsmart each other at the political parties’ registrar.
Wetangula last week while meeting party official from Uasin Gshu assured members that the party was intact under his leadership urging his nemesis to oust him through the ballot.
Ford Kenya primaries are due in January.
