A tale of two differing court orders has deepened the political intrigues bedeviling the ruling Jubilee Party and left unanswered questions of judicial credibility.
While ousted Senate Majority Leader Kipchumba Murkomen and Majority Whip Susan Kihika accused Speaker Ken Lusaka of defying the order, records show that what was served on the Speaker was different from the actual order issued by the Political Parties Dispute Tribunal.
In a letter to the tribunal’s registrar, Jubilee Secretary General Raphael Tuju claimed the orders issued were different from what Kihika, party Deputy Secretary Caleb Kositany and Mumias West MP Benjamin Washiali asked for.
Through lawyer Grado Mabachi, Tuju demanded an immediate investigation to establish how the legislators allied to Deputy President William Ruto got the alleged fake order.
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“We protest and condemn the fraudulent order which is criminal and contemptuous of the tribunal in that it has perverted its intentions and replaced them with misrepresentations and falsehoods and if allowed to stand will undermine its integrity and credibility,” he said.
According to Tuju, the order he was served with stated that any decision or action founded on the coalition agreement between Jubilee and Kanu and deposited on May 4 with the registrar of political parties was null and void, and of no effect.
The second order allegedly stopped him and party Chairman Nelson Dzuya from making any coalition agreements on behalf of Jubilee Party with any party without a valid, formal resolution of a duly convened National Executive Committee.
But according to Mabachi, the SG was alarmed after perusing the court records and discovered that the orders differed from what was in the application.
He said the record showed Kihika, Kositany and Washiali had only asked for an order to suspend a letter by Registrar of Political Parties Anne Nderitu on May 8 that recognised the coalition agreement between Jubilee and Kanu.
The tribunal appeared to admit that the orders apparently served on Tuju and Lusaka were forgeries as the wording differed from what was issued by the tribunal’s Chairperson Desma Nungo.