The electoral commission has declined a request by Musalia Mudavadi’s Amani National Congress's (ANC) to change the names in the party list of nominees.
ANC Secretary General Barrack Muluka had written to Independent Electoral and Boundaries Commission (IEBC), seeking to be allowed to alter the list immediately after the party had expelled Nominated MP Godfrey Osotsi.
In a letter to IEBC, Muluka had requested the commission to allow them review the list because there had been resignations, defections and natural attrition that could have affected the list of 98 people they had presented.
“Accordingly, the party now considers the present list obsolescent and would wish to resubmit reviewed list for future consideration, in line with 37(2) of the Election Act,” read part of the letter.
Muluka wrote the letter a day after Registrar of Political Parties (RPP) Anne Nderitu struck Osotsi's name from the party’s register.
But, in a response, IEBC Chairman Wafula Chebukati told ANC that they would not allow the party to change the list because it was valid for the full term of Parliament.
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“The party list remains valid until 2022 unless for reasons provided by the law. Any issue about the nominees on the present lists must therefore be supported by the relevant proof and/or evidence before the commission can accept a new party list,” said Chebukati.
Osotsi last week got a reprieve when the Political Parties Disputes Tribunal issued conservatory orders, staying the decision of ANC to expel him.
Osotsi had filed a case under certificate of urgency seeking conservatory orders ahead of the hearing of the case where he is challenging the delisting by the RPP.
The Political Parties Disputes Tribunal also further stayed the decision of the RPP to delete his membership of ANC party.
The party had written to National Assembly speaker informing him that Osotsi was no longer in the list of party members.