Political Parties Dispute Resolution tribunal has extended the interim orders issued on April 28th stopping the Party of National Unity (PNU) from issuing certificates to the primaries nominees for various seats in Embu County until the hearing and determination of the complaint.
While delivering the ruling, tribunal chair Kyalo Mbobu said that in light of the letter dated April 24th addressed to the party by the complainants which to date has not been acted upon by the party, the claimants have conformed with the requirements to invoke the party’s internal dispute resolution mechanism.
Lawyer Apollo Muinde for the four PNU members Denis Mugendi, Jeremiah Mugambi Njagi, Patrick Mucira Wilson and Simon Njue Gitegua told the tribunal that the nomination exercise was a sham.
Mr Muinde urged the tribunal to order a repeat of the nomination exercise since it was tainted with violence, bribery and open campaigns during the nomination.
“ The presiding officers arrived the polling stations after 5pm and thousands and thousands of voters who were at the stations since morning were turned away without exercising their democratic rights of electing candidates if their choice,” Muinde told the tribunal.
He added that some of the names for various MCA aspirants in the area were missing from the ballot papers despite them having paid the necessary fees.
The party members are also seeking to have the primaries in Embu declared null and void having been tainted with massive fraud and gross irregularities.
Earlier an attempt by PNU to have the matter struck out for none compliance with PNU Constitution on dispute resolution was dismissed.
The tribunal agreed with Mr Muinde that the PNU did not follow the due process to resolve the issue.
The tribunal was presided over by Kyalo Mbobu (chairman), James Atemi and Aldeline Mbithi.
The PNU members among them Embu gubernatorial aspirant Dr Cyrus Njiru flocked the tribunal’s hearing session to show their support to the complainants.
while addressing the media outside Milimani law courts,
The tribunal also ordered the defendants to file their response on or before May 1st 2017.
The matter will be heard on Tuesday, April 2nd 2017 in the morning and the ruling delivered in the afternoon on the same day as it is a matter of urgency.
The family of the late multiparty fighter Mukaru Ng’ang’a say the can now rest after High Court awarded them Sh 15 million for his unlawful detention during Moi’s regime.
This follows a successful 20 years petition by the University of Nairobi lecturer wife Lucy Mukaru before Justice Chacha Mwita.
Justice Mwita said in his judgment that Mukaru’s widow had proved that her husband and father of four had been tortured during his solitary confinement.
“Although no amount of money can compensate what the late Mukaru suffered during detention, the award should ensure the government does not repeat the atrocities meted on those who fought for multiparty democracy,” said Justice Mwita.
However, the family still hopes to finally receive a state apology for his torture 21 years after his death.
Through lawyer Wilfred Nyamu, the family was seeking Sh 120 million as compensation for illegal detention, torture and being subjected to inhuman degrading treatment.
The late Mukaru was first detained in 1982 for two years for sedition under former President Moi’s government and rearrested in 1986 and held for further three years.
On 29th March 1990, Mukaru vanished from his home after expressing fears to his wife that ‘he was being followed by strange persons he suspected to be plainclothes police.
Mukaru Ng’ang’a’s son Oscar Ng’ang’a (left), widow Lucy Mukaru(middle) and daughter Winnie Njoki outside Milimani Law Courts after the judgment.
It was later discovered that he fled and sought asylum in Sweden for himself and family.
The lecturer, who was a critique of Moi’s government died in 1997 in a Swedish hospital at the age 52.
In the petition the widow claimed her late husband was denied food and water for days and was forced to drink urine mixed with human excretion to survive.
Further, throughout his detention, he was kept naked with his feet immersed in cold water.
The family also blamed the death of their last born son Rodney Kamau in 2016 on Moi’s regime.
Kamau is said to have died of post traumatic stress syndrome because of witnessing his father’s frequent arrests and harassment by state agents.
In a media briefing after the judgment, Lucy Mukaru (widow) and her children Oscar Ng’ang’a, Winnie Njoki and Alice Wairimu said the have forgiven Moi for what happened under his watch and requested he apologizes for the suffering he caused them.