What you need to know:
- The court found that the members had not provided evidence of payment of rent as well as the one-off payment required of each of them under the leases.
Political party Kanu intends to sell one of its properties in Naivasha to boost funding for its operations after receiving a go-ahead from a court.
Justice Teresiah Matheka dismissed a case filed by a group of 44 party members challenging the sale of the land to Naivas Ltd.
She said the sale was in line with a decision made by the party’s top organ, the National Executive Council (NEC), to dispose of some of its assets to raise money.
The group, led by Mr Samuel Njogu Kamotho, wanted the court to restrain the party from selling the property that is registered as Naivasha Municipality Block 5/386.
They said the sale must be sanctioned through a resolution and concurrence of the party members, particularly those from the Naivasha branch.
Mr Kamotho said they had entered into various lease agreements with the party and had leased spaces on the land, where they have built business premises; therefore, the members ran the risk of losing their investments.
The court said that the case revolved around the point that the plaintiffs were members of Kanu, have valid leases and that the proposed sale was arrived at without members’ blessings.
But upon perusal of membership cards filed by the plaintiffs, it was found that they last paid their membership fees 10 years ago.
“The applicants have not offered any evidence of renewal of membership. It is against this background that I view the letter from the Registrar of Political Parties dated August 9, 2019, which is also to the effect that the applicants are not members of the defendant (Kanu),” said Justice Matheka.
On the matter of leases, the court found they had not provided evidence of payment of rent as well as the one-off payment required of each of them under the leases.
“They cannot seek to benefit under the purported leases without first demonstrating that they have valid leases and that they have complied with the terms of the said leases,” Justice Matheka said.
The party, which is led by Baringo Senator Gideon Moi, is facing legal battles as it tries to implement the NEC resolution to sell some of its multibillion-shilling properties.
Secretary-General Nick Salat said the resolution was passed on March 12, 2013. Money from the sale of the properties is to be used to run the party and pay off debts.
Mr Salat added that on April 14, 2012, at a special delegates conference, it was resolved that the party’s national chairman and the secretary-general act as trustees for all party assets instead of branch officials.