By Allan Tawai.
Sources at Kalonzo Musyoka’s Wiper party now claim Machakos Governor Alfred Mutua did not officially resign before forming Maendeleo Chap Chap. The sources at the Lavington headquarters said on Friday that there is no documentary proof of Mutua’s resignation as required by law.
According to laws guiding political parties, it is obligatory for politicians seeking to leave to communicate the decision in writing to both the party and the Registrar of Political Parties.
The source admitted having constrained access to Wiper credentials but said their files do not have a letter officially written by Mutua on his resignation from Wiper.
“I can confirm Mutua is still a Wiper member since we do not have his resignation papers anywhere. He even owes the party over Sh1 million in subscription fees,” said a senior Wiper official who did not want to be named.
Efforts to get remarks from Mutua were ineffective.
According to Wiper party records, the Governor’s expulsion by the party’s National Delegates Conference on December 13, 2016 was squashed by the Political Parties Tribunal last year.
NDC expelled Mutua alongside six other MPs for allegedly ditching the party. The six were Mutua, MPs Regina Ndambuki (Kilome), Richard Makenga (Kaiti), Kisoi Munyao (Mbooni), John Munuve (Mwingi North)and Joe Mutambu (Mwingi Central).
Through lawyer Kioko Kilukumi, they challenged the move terming it illegal and an affront to Article 24 (2) (a) of the constitution. After the courts set aside Mutua’s expulsion, the party claims the Governor did not write to the party to formally resign.
Mutua is seeking a second-term in office under his Chap Chap party. The revelation by Wiper party exposes his candidature to legal battles as it can be argued he belongs to two parties. The Governor was elected on a Wiper ticket in the March 4, 2013 general election.
On June 2, Mutua said he and Kalonzo are not enemies and that their differences are ideological, not personal.
He termed Kalonzo a personal friend, but said he quit Wiper to form his own party after realizing its leaders had no development agenda.