The Political Parties Tribunal has confirmed that sections of its order served on Senate Speaker Ken Lusaka on the political merger of Jubilee and KANU were forged.
The orders were obtained following a petition by Senators Susan Kihika (Nakuru) Caleb Kositany (Soy), Benjamin Washiali (Mumias East) and a Kenyan Albert Mutai who wanted the merger that resulted from a State House meeting chaired by President Uhuru Kenyatta declared a nullity due to lack of a quorum.
They filed the petition at the Political Parties Disputes Tribunal with respondents named as the Registrar of Political Parties, Jubilee Secretary General Raphael Tuju and acting party Chairman Nelson Dzuya.
Although the Tribunal admits it granted them orders, it emerged on Wednesday night that sections of it were forged to include words that were not in the original order.
It is the fake order that was served on Speaker Lusaka, seeking to block him from tabling a list of names of new Senate Leadership officials who replaced Elgeyo Marakwet Senator Kipchumba Murkomen as Majority Leader and his Nakuru counterpart Susan Kihika as Majority Chief Whip.
Murkomen was replaced by West Pokot Senator Samuel Poghisio while Kihika was replaced by Senator Irungu Kangata of Murang’a.
In the fresh orders seen by Capital News, sections where the coalition pact were declared “null and void and of no effect” do not exist.
The Tribunal Deputy Registrar said he issued an interim order staying the decision of Jubilee Party to enter into a coalition deal with KANU pending hearing and determination of the case.
“That pending the hearing and determination of this application inter partes this Honorable 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 orders read in part.
Sections, where the KANU Jubilee pact were challenged on grounds that there was no duly convened National Executive Committee of the Jubilee Party to arrive at the resolution of a coalition pact between the two parties, were also reportedly forged.
The legal counsel for Jubilee Party’s Secretary General Raphael Tuju, Grado Mabachi in a letter addressed to the tribunal said he had perused the original order, and noticed an anormally due to additions.
“We write to protest and condemn the said fraudulent order in the strongest possible terms. It is criminal and contemptuous of the Honorable Tribunal in that it has perverted its intentions and replaced them with misrepresentations and falsehoods and if allowed to stand will undermine its integrity and credibility,” he said.
The Tribunal has admitted that its orders were forged and assured that action will be taken.
