The Political Parties Disputes Tribunal (PPDT) has ruled that the coalition deal signed between National Assembly Speaker Justin Muturi’s Democratic Party and Deputy President William Ruto’s Kenya Kwanza Coalition is illegal.
In the ruling issued virtually on Friday, the tribunal ruled that the agreement was not authorised by Democratic Party officials.
“That the purported coalition agreement entered into with the third interested party by the first respondent on behalf of Democratic Party of Kenya was done without authority of Democratic Party of Kenya and is null and void,” said the tribunal’s Chairperson Jessica M’mbetsa.
The tribunal also said that Mr Muturi’s appointment as Democratic Party leader was unlawful since he had not been in the party for one year as required by the party constitution.
“That the appointment of the first respondent as the party leader for the Democratic Party of Kenya by the special National Delegates Conference on 20th February 2022, was unprocedural and is hereby declared null and void,” she added.
The tribunal further dismissed a preliminary objection by the respondents seeking to have the complaint struck out on grounds that the complainants had not exhausted the internal party mechanisms. The ruling follows a petition filed by three party officials.
In the petition filed on April 11, Deputy Secretary General Wambugu Nyamu, Daniel Munene and Kingori Choto argued that Muturi had taken up the role of the party leader despite opposition from a section of party members.
“The respondent has been running the affairs of the party in secrecy and has deliberately concealed information on the signed resolutions of the National Delegates Convention held on 20th February 2022,” read the petition.
Mr Muturi had signed a coalition agreement with the Kenya Kwanza Alliance in the presence of party chairperson Esau Kioni, Secretary-General Jacob Haji and patron Joseph Munyao.
The deal had, however, elicited reactions from a section of party officials who said that the agreement went against the party’s National Delegates Conference (NDC) resolutions.
The party had resolved not to get into any coalition agreement until after the August 9 polls.
The tribunal had previously given the party adequate time to resolve the issue through internal mechanisms.
A committee created by the National Executive Council to look into the matter had resolved to hold a special NDC to reverse the party resolutions undertaken in February.