The Political Parties Disputes Tribunal (PPDT) has dealt the Machakos Governor Alfred Mutua a major blow after throwing out his application seeking to withdraw his Maendeleo Chap Chap (MCC) party from the Azimio la Umoja One Kenya Coalition.

MCC filed an application at the Political Parties Disputes Tribunal at the Milimani Law Courts claiming the Registrar of Political Parties listed MCC without procedural compliance.

“The 2nd respondent unlawfully listed the interested party as a member party to the 1st respondent vide its gazette notice of 14th April 2022 without the ratification of such a resolution and without the procedural compliance of the party constitution,” the petition read.

The MCC party further complained it was not privy to the contents of the coalition agreement and moved to court seeking orders to vacate April 14, 2022, gazette notice in which it was listed as being a member of the Azimio la Umoja One Kenya Coalition party.

The party argued it may be locked out of an opportunity to form and enter into a coalition with other parties if the court does not vacate the gazette notice.

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Mutua who ditched the Azimio Coalition on Monday and joined DP William Ruto-led Kenya Kwanza Alliance will not be forced to eat the humble pie and resolve the matter with the Azimio Coalition internally.

According to Brenda Ndivo who is an advocate, the terms stipulated within the Azimio la Umoja One Kenya Coalition party are binding and Mutua has to justify his knowledge or otherwise of the agreement before signing it.

The Azimio terms dictate that any member wishing to leave the party cannot do so within 6 months to the election.

"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," Mdivo said.