Ruling that Itumbi shared regarding Murkomen-Kihika ouster was forged
A section of orders given to Senate Speaker Ken Lusaka stopping the Jubilee Party from executing its coalition agreement with KANU was forged, the Political Parties Disputes Tribunal has confirmed.
The Judiciary posted a copy of the original ruling following claims of forgery raised by lawyer Victor Lee who is representing Jubilee Secretary General Raphael Tuju.
NULL AND VOID
Tuju said the orders declaring the coalition with the independence party as null and void and presented to Lusaka were not genuine.
The ruling containing the forged parts was first shared by former State House Digital Strategist Dennis Itumbi and included a stamp indicating that it had been served to the Senate.
The letter said the tribunal had recognized the coalition agreement signed between the two interested parties (Jubilee and KANU) pending the hearing and determination of a case filed by Deputy President William Ruto’s allies.
“That pending the hearing and determination inter parties this honourable tribunal is pleased to issue an interim order staying the decision of the 1st respondent in her letter dated 8th May 2020, recognizing a coalition agreement purportedly signed between the 1st and 2nd interested parties and deposited on 4th May 2020,” the original ruling read in part.
PPDT APPEAL NO. 1 OF 2020. The order granted by the Political Parties Disputes Tribunal (PPDT) yesterday May 11, 2020 and issued today May 12, 2020. pic.twitter.com/DjBOWJfsz9
— The Judiciary Kenya (@Kenyajudiciary) May 12, 2020
However, in the ruling shared by Itumbi, and served to the Senate, mentioned through order 5 and 6 nullified any decisions founded on the recognition of the coalition between Jubilee and Kanu.
The Political Parties Tribunal rules that the KANU and Jubilee Post Election deal is ILLEGAL.
Jubilee NEC must be convened for such a decision to be made
The same has been communicated to Senate.
So, The Senate Leadership remains as it is.#SystemYaFacts pic.twitter.com/Ui7v6GQNdu
— Dennis Itumbi, HSC (@OleItumbi) May 12, 2020
“Meantime in the interest of justice, an interim order be and is hereby issued declaring that any decision or action founded on the coalition agreement purportedly signed between the 1st and 2nd interested parties and deposited on 4th May 2020 and approved/confirmed by the first respondent vide her letter of 08.05.2020 confirmed by the 1st respondent is null and void and of no effect,” the forged order reads.
Order number 6 read, “A permanent injunction restraining the 2nd and 3rd Respondents from making any Coalition Agreement on behalf of the 1st Interested Party, Jubilee Party, with any party/parties without a valid, formal resolution of a duly convened National Executive Committee of Jubilee Party and in strict compliance with the provisions of Regulation 21 of the Political Parties (Registration) Regulations, 2019 and Article 32.2 of the 1st Interested Party’s Constitution,”