An attempt to block TNA secretary general Onyango Oloo from running the party failed yesterday.
High Court judge Isaac Lenaola yesterday declined to issue temporary orders sought by a Member of TNA but instead directed Oloo and the party to respond to the suit and go back for hearing on May 12.
The Judge said he was not in a position to issue the orders sought until he hears arguments from all parties.
In the case, Rogers Mogaka claims Oloo is disqualified from holding the office of national secretary general or any other office in the party because he is state officer.
He argues that since Oloo was appointed on December 23 as the chairman of the Lake Basin Development Authority by President Uhuru, he is therefore not qualified to remain as the TNA secretary general though chapter 17 of the constitution does not list LBDA chairman as a state officer.
He argues that by virtue of the said appointment, Oloo became a state officer and his continued performance and discharge of responsibility as the TNA secretary general is therefore in clear violation of article 77(2) of the constitution.
Mogaka, a registered member of TNA says he is keen to ensure the party is managed in accordance with the constitution. He claims TNA may be de-registered for non compliance with the constitution and political parties Act.
Mogaka says the registrar of political parties Lucy Ndung'u has cautioned parties on compliance in a circular dated July 4, 2013.
Further, he argues that Oloo's acceptance of the appointment as a chairman of the parastatal, he ceased to be the TNA's National Secretary General. He seeks for an order restraining Oloo from discharging his duties "to enable the party to sort itself out".