Ibrahim Memba & Angela Gathoni who were proxies & primary petitioners in OSOTSI vs ANC party case will be unable to raise part of 4.5 million.
Nominated MP Godfrey Atieno Osotsi has been ordered to pay Sh4.5 million legal fees for his unsuccessful challenge to ANC’s decision to replace him as secretary general with Barack Muluka.
Last week, Mr Osotsi was handed the bill which he is set to settle. The party wants the embattled Mp to pay the legal costs along with Angela Gathoni and Ibrahim Memba, who are on record as petitioners as served by the appellants ANC boss Musalia Mudavadi, Kelvin Lunani, Margaret Ndanyi and Barrack Muluka.
Osotsi remains troubled:
Mr Osotsi has downplayed the development and said his team of lawyers will handle the matter. “Active court processes cannot be canvassed through the media for political expediency,” the Mp said.
The High Court overturned a decision of the Political Parties Disputes Tribunal, where Osotsi had successfully challenged his removal as secretary general and replaced by Muluka who is now the bonafide Sg according to Anc.
Anc Party lawyers:
ANC through Ameyo Guto, Etole and Company Advocates is demanding Sh4,536,723 on behalf of the the party.
In a judgment delivered on April 30, 2019, justice Cecilia Githua ruled the tribunal erred in entertaining and making a determination on Osotsi’s alleged involuntary resignation as the party’s secretary general. The judge said the matter was not raised in the original dispute lodged before the tribunal.
“I am satisfied this appeal is merited and it is hereby allowed with the result that the decision of the tribunal dated 12th April 2018 is hereby set aside. Since costs follow the event, the appellants are awarded costs of the appeal,” she ruled.
The party bill of costs drawn and filed by Ameyo Guto, Etole and Company Advocates indicated Sh3.5 million was charged towards instruction fees to present an appeal against the decision of Political Parties Dispute Tribunal.
“The resignation of the outgoing ANC party national secretary general was procedural,” the bill, which was served to George Wandati and Company Advocates and Awele and Bashir Advocates, stated.
Getting up fees, among other fees, was charged at Sh833,333. By law getting up fees is charged at about one-third of the instruction fees. Githua overturned the tribunal’s decision, saying it lacked jurisdiction to hear the dispute because Osotsi had not exhausted ANC’s internal dispute resolution mechanisms.
She also said the appeal by Mudavadi, Lunani, Margaret Ndanyi and Muluka was merited and therefore set aside the tribunal’s entire decision. Osotsi turned to the tribunal after he was replaced with Muluka. ANC Lawyers later moved to the High Court, arguing Osotsi had not exhausted the party’s dispute resolution processes.
The party leadership has accused Osotsi of misusing the party’s funds while he served as secretary general ahead of the 2017 General Election. In August 2019, however, the Political Parties Dispute Tribunal dismissed Osotsi’s expulsion from ANC. The tribunal also dismissed the move by Registrar of Political Parties Ann Nderitu to remove the name of the MP from the list of the ANC members.
Osotsi had also challenged his expulsion from the party, which would have meant he lost his parliamentary seat. Both Ibrahim Memba and Angela Gathoni who were primary petitioners are reportedly unable to pay since they were Osotsi’s proxxies.
It is left for observers to sit and watch as things unfold. Osotsi and Malala despite being Anc members are seen as pro Raila a move which has elicited mixed reactions from the vote rich Mulembe Nation
