United Democratic Alliance linked to Deputy President William Ruto is facing a battle of ownership after its former chairman Mohamed Abdi Noor sought to reclaim it.
Noor has asked the Political Parties Disputes Tribunal to revert the party to him and axe DP allies Johnstone Muthama (chairman), Boni Khalwale (vice-chairman) and Veronica Maina (secretary-general).
In his papers filed before the tribunal, Noor says the Registrar of Political Parties Ann Nderitu erred by effecting the changes without satisfying herself that the constitution of the party was followed.
He also termed as illegal the gazettement of senator Muthama as chairman without ensuring the law was followed.
He argues then secretary-general Mohamed Sahal who sealed the deal for the change of names was a civil servant and therefore not authorized to transact.
He states that by the time Sahal submitted the forms for change of officials, he was under suspension and could not, therefore, undertake any official duty on behalf of the party.
According to Noor, Sahal called for a meeting on December 11, 2020 where the officials signed the forms to change names of the party from the PDR to UDA and the registrar erred in effecting changes of the NEC officials in the manner inconsistent with provisions of the Political Parties Act and the party constitution. “The party SG was a public and/or civil servant thus was illegally an SG as per section 12 of the Political Parties Act and all his actions including presenting changes to the registrar was illegal, null and void,” reads his memorandum.
He wants the Tribunal to allow his appeal and to order the registrar to change the names of officials as of December 31, 2020.
“The registrar erred by unlawfully gazetting and/or causing the publication of the changes submitted to her by a suspended official who was undergoing disciplinary process," states Noor.
Noor seeks an injunction, pending the hearing and determination of the case through his lawyer Otieno Ogola. “I humbly pray that the said changes be set aside and the signatures and supporting documents used to effect the changes be squashed as they are forgeries being used for an unintended purpose,” stated Noor.
Noor also states that it is in the public domain that the SG was working with outsiders who are now the gazetted officials. He faults the registrar for deliberately ignoring complaints and reservations leading to the change of the officials.
He says that changes made were never advertised in local dailies as required by law since only a few people could access the Gazette Notice. “In a letter dated September 16, 2020 you were asked to surrender all that belongs to the party because of your recruitment to the Nairobi County government as a chief officer,” Noor wrote.