The Court of Appeal in Nairobi has rejected a request for interim stay orders aimed at overturning a ruling that affirmed retired President Uhuru Kenyatta as the leader of the Jubilee Party.
A team led by nominated MP Sabina Chege sought to reverse a September ruling that recognized the Uhuru-allied faction as the legitimate leadership of the party.
In their plea, the applicants requested the Court to issue an order staying the judgment of the High Court (delivered by Justice Mulwa) dated September 30, 2024, pending the hearing and determination of their application for an appeal. They also sought conservatory orders to maintain the party leadership status as outlined in the Gazette Notice No. 9131 Vol. CXXV No. 161, dated July 12, 2023.
However, the Court of Appeal declined to grant these requests, ruling that the matter would be decided on March 7, 2025.
“The applicants’ counsel urged us to grant an interim order of stay of the High Court judgment pending the determination of this application. However, in the circumstances of this case, we decline to issue interim orders of stay pending the delivery of the ruling on March 7, 2025,” the Court stated in its ruling.
Jubilee leadership dispute
On September 30, 2024, the High Court ruled to remove Sabina Chege as the Jubilee Party leader. The court affirmed that Uhuru Kenyatta is the party leader and the sole authority authorized to convene party meetings.
The court also removed Kanini Kega from his position as Secretary-General and Adan Keynan from his role as Vice Chairperson. Additionally, it declared null and void the National Executive Committee (NEC) that had expelled Vice Chairperson David Murathe, Secretary-General Jeremiah Kioni, and Kagwe Gichohi from their positions.
The High Court ruled that Kioni, Murathe, and Gichohi had sufficiently exhausted the Jubilee party’s internal dispute resolution mechanisms before filing their appeal. The court found that the majority of the Political Parties Dispute Tribunal (PPDT) had made an erroneous decision in dismissing their case.
“The appellants demonstrated attempts to exhaust the Party’s internal dispute resolution mechanisms. The PPDT majority misdirected themselves and therefore arrived at an erroneous finding. The decision of the majority is hereby set aside,” the ruling stated.
The court further declared that the notice issued on February 2, 2023, to expel the aggrieved Jubilee party members was legally flawed, and therefore, all actions stemming from it were deemed null and void.
The Court also ruled that the Jubilee NEC meeting held in Nakuru was in breach of both the law and the party constitution, declaring all resolutions from that meeting null and void.
Registrar’s decision
Earlier, in a letter dated May 9, 2023, the Registrar of Political Parties, Ann Nderitu, had affirmed that the process of removing Kioni, Murathe, and Gichohi complied with party regulations.
“Following a review of the submitted documents in line with the Political Parties Act and the party constitution, this Office is satisfied that the party adhered to due process. Accordingly, pursuant to Section 34(da) of the Political Parties Act, this Office has updated its records and the register of party members,” Nderitu stated.
She also dismissed the NEC meeting convened by Uhuru on April 28, 2023, ruling that it did not meet the quorum requirements as stipulated in the party constitution.
“Article 23 of the party constitution requires that quorum for all party meetings be one-third of the membership entitled to attend. The April 28, 2023 meeting had only nine attendees, with two, Hon. Maison Leshoomo and Mr. Polycarp Hinga, who had not yet assumed office,” Nderitu explained.