He said despite the NDC making changes to Julibee's top leadership, Kega's faction has continued to undermine the party's operations by calling for the termination of its Azimio coalition agreement.
"The above notices (seeking to withdraw the party from Azimio Coalition and seeking to hold a National Delegates Convention) are ex facie 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 Kioni.
Initially, Kega had said 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 party organ was spared by the member in his disregard," Kega said.
Gross misconduct
Murathe was found guilty of gross misconduct and lack of respect for the party's decisions.
Kega also accused the duo of disrespecting party organs by neglecting duties as directed by the party.
However, the tribunal suspended the decision.
The order was issued on June 14, 2023, by Nungo with the case set to be heard on June 27, 2023.
"That pending the hearing and determination of the application inter partes, interim conservatory orders are hereby issued staying the 1st respondents' decision dated 30th May 2023 including any decisions, actions, resolutions, or pronouncements taken pursuant thereto," the order read.