The National Liberal Party (NLP), a constituent party of the Azimio la Umoja One Kenya Coalition Party, formally objects to the purported decision announced today to rebrand and/or restructure Azimio la Umoja One Kenya Coalition Party as the “Ukombozi Alliance.” The Party is concerned to have learnt of a decision of such fundamental consequence through public announcements and media reports, without prior consultation and without being furnished with documentation demonstrating that the decision was reached through the proper organs and procedures of the Coalition. This is particularly concerning given the NLP’s previous attempts to engage the Coalition leadership constructively. The Party has written on several occasions to the Azimio leadership seeking dialogue on Coalition matters, but, to date, has not received a substantive response.
The decision to proceed with a fundamental restructuring without meaningful engagement with constituent parties therefore raises serious questions regarding compliance with the Coalition’s agreed governance and decision-making procedures. A registered coalition political party is governed by its Coalition Agreement, the Political Parties Act and its applicable governance instruments. A fundamental alteration to its name, identity, structure, governance, assets, liabilities or legal obligations cannot properly be treated as a matter to be effected through a public announcement alone. It must be undertaken in accordance with the applicable legal and contractual framework and with due regard to the rights and obligations of the constituent parties affected by the decision.
Accordingly, the NLP has today written formally to the leadership of the Azimio la Umoja One Kenya Coalition Party and to the Registrar of Political Parties, placing its objection on record and seeking clarification on the legal and procedural basis of the purported decision.
The Party has requested, among other documents:
* the notice convening the relevant meeting;
* the agenda; * the attendance register;
* the certified minutes;
* the resolutions purportedly adopted;
* the provisions of the Coalition Agreement relied upon; and
* any legal or other instruments submitted, or intended to be submitted, to the Registrar of Political Parties in relation to the proposed change.
The NLP is further concerned about the financial, contractual and legal consequences of the proposed change. Azimio la Umoja One Kenya Coalition Party has assets, liabilities, financial obligations, contracts and other legal interests that affect its constituent parties. These matters must be properly identified, accounted for and protected before any restructuring or alteration of the Coalition’s legal status is implemented. Our position is clear and unequivocal: The National Liberal Party does not consent to, and does not recognise as binding upon it, any purported change to the Coalition’s name, identity, structure or legal status unless and until the applicable provisions of the Coalition Agreement and the law have been fully complied with. The NLP remains committed to lawful political cooperation, dialogue and unity of purpose. However, cooperation must be founded on transparency, good faith, meaningful consultation, adherence to agreed procedures and respect for the rights of all constituent parties. The Party has reserved all its legal and contractual rights and shall pursue all appropriate mechanisms available to it under the Coalition Agreement and the law to protect the interests of the Party and its members. ISSUED BY: NATIONAL LIBERAL PARTY (NLP) Nairobi, Kenya
