Court rejects Mutua’s application to leave Azimio
Governor Alfred Mutua’s Maendeleo Chap Chap has for the second time dealt a major blow after the High Court struck out its application to exit the Azimio la Umoja One Kenya coalition party.
In a Judgement delivered by Justice Antony Ndung'u, dismissed the petition by a member of MCC Mahat Rashid Hassan saying the party did not table evidence showing that they had exhausted all the Alternative Dispute Resolution before they sought for the High Court intervention to address the issues at the party as required.
"The applicant has approached this court without exhausting the available internal mechanisms for dispute resolution. Without jurisdiction, this court must down its tools to the applicant. With the result the notice motion dated may 10,2022 is dismissed for want of jurisdiction," Justice Ndung'u ruled.
In the ruling, MCC party was faulted for rushing to the Political Parties Dispute Tribunal forum without giving Azimio coalition enough time to address the issues through Alternative Dispute Resolution mechanisms.
The decision by the court comes after Mahat petitioned the court following a ruling by the Political Parties Dispute Tribunal last month which also rejected MCC party's request to be allowed to leave the Azimio coalition on similar grounds the tribunal has no jurisdiction to hear the matter.
Governor Mutua’s party had sought orders to disassociate themselves with Raila Odinga's team, also after failing to access the coalition agreement.
Parties affiliated to Azimio are bound by a clause in the agreement which provides that they cannot exit the coalition six months to the elections, and three months thereafter.
The party which ditched the Azimio and joined the Kenya Kwanza Alliance last though Mahat stated that the signing was obtained through fraud, misrepresentation and concealment of material facts and that their members had not resolved to join Azimio. Hence, they say the agreement is null, void and illegal.