High Court in Nairobi has reinstated the embattled Jubilee Secretary General Jeremiah Kioni and deputy chair David Murathe.
Justice Asenath Ongeri has suspended the gazette notice issued by the Registrar of Political Parties Ann Nderitu that gave East Africa Legislative Assembly Member Kanini Kega and his team the reigns of the party.
"In the meantime, conservatory orders are granted in terms of prayers 1, 2, 3 and 4 of the application dated July 12, 2023," ruled Justice Ongeri.
The first prayer was that the court orders the status quo in the leadership of the Jubilee gazette notice No 3195 of March 21, 2022.
The other prayer is to suspend the gazette notice issued this week by Nderitu.
At the same time, the two prayed that the High Court suspends Political Parties Dispute Tribunal's judgment in favour of Kega.
Kioni, Murathe, and Kagwe Gichohi want the court to reverse the Political Parties Dispute Tribunal (PPDT) that ratified their ouster from the party in favour of Kanini Kega's team.
According to their lawyer Jackson Awele, PPDT did not give his client a free and fair hearing as its judgment was leaked a day before it was read.
He stated that true to what was already circulating in public, the judgment delivered on July 11, 2023, was a split between four majority members against three.
Awele argues that upon inquiry, PPDT owned up to the leakage but went ahead to read the judgment.
According to him, the leaked document indicated that four of the tribunal members had already signed it.
He asserts that the judgment and the subsequent gazette notice published by the Political Parties registrar Ann Nderitu were a calculated move to illegally throw out his clients.
"The tribunal brazenly and casually wished away the issue and neglected or refused to explain to the parties the circumstances under which the majority judgment was pre-signed and shared with the members of the public as to inspire the confidence of all parties to the dispute of its impartiality and integrity in the fair and just resolution of the dispute," argues Awele.
Kioni, Murathe and Kagwe want the court to suspend the judgment and the gazette notice until the case is heard and determined.
Before the Tribunal, Awele argued that although Jubilee's National Delegate Conference (NDC) made changes to its top leadership Kega's faction has continued to undermine the party's operations by calling for the termination of the Azimio coalition agreement.
"The above notices (seeking to withdraw the party from Azimio Coalition and seeking to hold a National Delegates Convention) are weighty and bear a far-reaching ramification on the Jubilee Party and unless stayed to await the outcome of these proceedings will pre-empt the judgment of this court and render it redundant and or a fait accompli," said Awele.
Initially, Kega had said that the decision to expel Kioni and Murathe was reached following a resolution of the party's Internal Disciplinary Committee which was also adopted by the National Executive Committee (NEC).
"The Committee found that Jeremiah Kioni is guilty of gross misconduct. Article 14.3.1. I provide that the lack of respect for the organs of the party is indiscipline. No organ of the party was spared by the member in his disregard," Kega said.
Murathe was found guilty of gross misconduct and lack of respect for the decisions of the party.
Kega also accused the duo of disrespecting party organs by neglecting duties as directed by the party.
In a majority decision, PPDT threw out Murathe and Kioni's case. However, they now argue that were not given a fair hearing.
Meanwhile, Kega who is an East African Legislative Assembly (EALA) member has called for a fresh NDC and published a new list of Jubilee leaders.
