Confusion has rocked Maendeleo Chap Chap (MCC) party after it ditched Azimio La Umoja One Kenya coalition and joined Kenya Kwanza.
According to the Azimio agreement, parties that append signature to be members of the coalition are not allowed to withdraw their membership six months to the election.
MCC party leader, governor Alfred Mutua, however, argues that the agreement does not stop any party from leaving the coalition at the moment, adding that his party joined Azimio within the six months period and therefore the clause does not hold any bearing.
Mutua, during a Tuesday, May 10, interview noted that the move to leave the coalition was informed by the secrecy surrounding the details of the agreement.
Further, the governor pointed out that a court order was obtained by the Pamoja African Alliance (PAA) that set aside the Gazette Notice that listed 26 parties as members of Azimio. Mutua argued the court order meant that parties leaving the Azimio coalition were not affected by the six-month clause.
"The constitution states that one can move if dissatisfied with the coalition. We signed that document three months to the election hence it cannot hold any bearing at all."
"Also, a court order was obtained by PAA that sets aside the Gazette Notice about parties being in Azimio hence it doesn't affect us," stated Mutua.
Kenyans.co.ke spoke to advocate Brenda Masinde Mdivo who noted that Mutua would have to justify whether or not he knew about the six-month clause before signing the Azimio agreement.
"When you enter into a contract, the terms are decided by the party, it's up to you to decide. For Azimio, they decided anyone cannot leave six months prior to the elections.
"For whatever reason, whether it was fully disclosed to the party or not they will have to justify it. In the case of Mutua, he claimed that the six-month rule was running when they signed," argued Masinde.
She noted that the mandate of the Office of the Registrar of Political Parties (ORPP) is to enforce the rules stated within the coalition.
"Parties negotiate a contract privately and then when they go to court, it's the Judge that determines what will happen depending on the terms of the contract," she added.
"For Mutua, he will have to establish that he did not know and whether it was revealed to him."
"Any coalition that is formed prepares an agreement and takes it to the ORPP whose work is to enforce what the parties agreed," she noted.