TNA seeks orders barring Oloo from by-elections
02 April 2014, 15:22
Nairobi - The National Alliance Party’s National Secretary General
George Onyango Oloo was yesterday sued in a case seeking to stop him from
issuing nomination certificates during three impeding by elections.
Mr Oloo, who had been sued initially by some TNA party
members seeking his removal as the party’s National Secretary General, now
allege that it is wrong for him to issue the nomination of certificates
for Othaya and Mathare North constituencies as well as Meru gubernatorial
by-elections whilst the other case is still ongoing.
Mr Rogers Mogaka Mogusu the petitioner in both cases argues
that TNA would be denied representation in parliament if an election petition
is lodged to challenge the capacity of Mr Oloo in the issuance of the
“TNA is in the process of issuing out nomination certificates
to its candidates for the two constituencies and Mr Oloo’s position is a matter
that is in court; should the case succeed then the people of Othaya and Mathare
North as well as the party will be denied representation should someone
challenge the issuance,” said Mogusu’s lawyer Peter Langat.
Mr Langat said that any further delay may lead to
deregistration of TNA on account of non-compliance with the constitution, the
Political Parties Act as well as other legal risks should TNA be sued.
High Court judge David Majanja declined to issue any orders
but directed that the case be heard on Friday.
In the initial case filed on March 4, the TNA members
through Mr Moguku also claimed that their party may face deregistration due to
non-compliance to the constitution as well as the Political Parties Act,
considering that TNA had raised concern over consequences of non-compliance.
The party members wanted Mr Oloo disqualified from holding
any other political party office besides the TNA’s national Secretary General
one as he was appointed on December 23 last year as Chairman of the Lake Basin
Development Authority by President Uhuru Kenyatta through a gazette notice.
According to Mogusu, the appointment made Mr Oloo a state
officer and his continued service as the party’s secretary general violates
Article 77 of the constitution.
He further alleges that the recent revocation of Mr
Ferdinand Waititu’s presidential appointment as Tana Athi Water Board head by a
High court judge is a similar situation to Mr Oloo.
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