Court reinstates Jubilee's Kioni faction

Jubilee Secretary General Jeremiah Kioni (Center) accompanied by other members of the party when they stated that they will not be supporting a motion of impeachment against Deputy President Rigathi Gachagua. [Kanyiri Wahito, Standard]

The High Court has overturned the decision by the Political Parties Dispute Tribunal (PPDT) that allowed allies of President William Ruto to take over leadership of the Jubilee Party, giving those loyal to retired President Uhuru Kenyatta a sigh of reprieve in the ongoing wrangles.

In a judgment rendered by Justice Janet Mulwa, the court set aside a decision allowing the political outfit rebel faction led by EALA MP Kanini Kega and nominated MP Sabina Chege to take over the leadership of the party.

According to the decision issued by Justice Mulwa, Kenyatta allies, former Ndaragwa MP Jeremiah Kioni and businessman David Murathe will continue functioning as the party's secretary general and and vice chairman, respectively.

"The majority decision by the  Political Parties Dispute Tribunal is an erroneous finding issued by the commissioners and must be disturbed at this stage. I find that the decision of the PPDT illegal and Annulity," Justice Mulwa stated.

Justice Mulwa has, however, declined to hold Kega, Sabina, and Joshua Kutuny in contempt for continuing to perform Jubilee functions.

This, after the Kioni-led faction, had urged the court to find the trio in contempt of court orders barring them from conducting any business for the political outfit pending the determination of the six appeals on the leadership dispute at Jubilee.

"The court finds no merit in the application to find Kega, Sabina, and Kutuny in contempt. The three applications by the appellants are dismissed and each party to bear its own cost," the judge ruled.

The judgment also addressed the legitimacy of the Jubilee Party's National Executive Committee (NEC) meeting held on February 10, 2023, which Justice Mulwa found to be illegal, as it contravened the party's constitution.  She declared that any resolutions resulting from that meeting are null and void.  

"The court finds that the meeting was held in blatant breach of the law and the party constitution; therefore, any resolutions resulting from that meeting are declared null and void," the judge ruled.

The judge also stated that the notice issued to party officials on February 2, 2023, was illegally and irregularly issued, rendering it null and void.

Kioni's team had sought to quash all actions taken following the PPDT's majority decision, including an order to bear the costs of the appeal.

"Having determined that every process undertaken by any party organ in furtherance of the resolutions leading to the NEC and parallel National Delegates Conference (NDC) meetings on May 10 and 15, 2023, against the appellants was flawed, it follows that all subsequent actions are of no consequence whatsoever," the judge ruled.

The ruling by the court comes after six appeals were filed challenging the PPDT's earlier endorsement of Kioni, Murathe, and Kagwe Gichohi's removal. The PPDT had paved the way for Kega, Chege, and MP Adan Keynan to take over leadership roles within the party.  

The Kioni faction, represented by Awele Jackson Advocates, had urged the court to declare the PPDT's majority decision null and void and to uphold the minority decision issued on the same day.

They argued that the tribunal's judgment was riddled with legal misinterpretations and failed to adequately consider their written submissions and evidence.