ANC secretary General Simon Mwangi will now have to explain to Political Parties Dispute Tribunal on Monday why he should not be committed to civil jail over contempt of court.
This is after he failed to honour an order that nullified an Ikolomani MP nominee.
He is expected to appear before PPDT on Monday and explain himself.
In a ruling delivered on May 4 by PPDT, it ruled that Simon Mwangi being the Secretary General of ANC party is found to be in contempt of the judgement and orders of the Tribunal made on April 28.
“A notice to show cause to issue against Mwangi to appear before the PPDT Kakamega bench sitting at Milimani Law court on May 9, 2022”, the Tribunal ruled.
On April 26,2022, David Kubasu, an MP aspirant for Ikolomani filed a complaint against ANC National Election board for awarding his fellow contestant Ramadhan Butichi a certificate to vie for the position.
He said the Tribunal in its decision on April 28, nullified the nomination certificate issued to Butichi.
“A declaration is hereby issued that the decision of Amani national congress party to issue nomination certificate for Ikolomani to Butichi is illegal and therefore null and void”, the Tribunal ruled.
The Tribunal further directed the party to issue the nomination certificate to Kubasu.
However, ANC sought for stay of execution of the orders issued but on April 30, the Tribunal again dismissed their notice of motion.
Kubasu further filed an application seeking for SG Mwangi to be cited for contempt and be summoned to the Tribunal to show cause why he should not be committed to a civil jail for a term of six months for disobeying the orders.
He also sought orders to have IEBC directed to gazette him as ANC nominee and candidate for the position Ikolomani constituency MP.
Kubasu had argued that the Tribunal had ordered that ANC party and its national election board be restrained from forwarding the name of Butichi as its nominee for the subject position.
He said Mwangi as the party SG, in defiance of the orders of the Tribunal, forwarded the name of Butichi as the party’s nominee.
” The contemnor has brought disrepute to the dignity of the Tribunal and this is a recipe to anarchy”, he said.
Kubasu argued that the Tribunal gave its orders in good time for the respondents through Mwangi to comply within the election timelines.
Mwangi, however, stated that the application by Kubasu was fatally defective as he neither adduced evidence of the breached order.
He added that Kubasu’s application was based on mere conjecture as no evidence of the alleged submission of Butichi’s name to the IEBC had been provided.
“As such the application has not satisfied the threshold of the grant the orders sought in contempt of court, Mwangi argued.