The duo had gone to court seeking an order to temporarily stop the implementation of a High Court ruling that directed the reinstatement of Jeremiah Kioni and David Murathe to the leadership positions of the former ruling party.
The Court of Appeal in Nairobi has rejected a request for interim stay orders sought by a rebel faction of the Jubilee Party led by Cherangany Member of Parliament Joshua Kutuny and East African Legislative Assembly (EALA) MP Kanini Kega.
The duo had gone to court seeking an order to temporarily stop the implementation of a High Court ruling that directed the reinstatement of Jeremiah Kioni and David Murathe to the leadership positions of the former ruling party.
“The Nairobi Court of Appeal has rejected a request for interim stay orders sought by the rebel faction. This follows the Nairobi High Court’s ruling in September affirming the rightful leadership of the Jubilee Party. The appeal’s judgment is set for delivery on 7th March 2025,” Jubilee Party led by former President Uhuru Kenyatta reacted to the ruling.
A High Court ruling on September 30, 2024, overturned the expulsion of Murathe and Kioni, thus allowing Murathe to legally hold his position in the party as its Vice Chairperson. It also saw Kioni continue holding fort as Jubilee party’s Secretary General, thus bringing an end to a protracted power battle within the party.
Kanini Kega (left) and Sabina Chege (right) during a past presser at Jubilee Party headquarters. /STANDARD DIGITAL
Judge Janet Mulwa at the time ruled that the meeting held by the rebel party members on February 20, 2023, was improperly convened and thus violated the Jubilee party’s constitution. The court held that the resolutions passed during the said meeting were thus unconstitutional.
“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 Annuity,” Justice Mulwa ruled.
“Having found that every process that was undertaken furtherance of an unprocedural meeting, any decision flowing from the meeting is therefore declared null and void.”
However, Justice Mulwa directed the disputing parties to bear the cost of the legal proceedings on their own, meaning that neither the faction of Sabina Chege and Kanini Kega nor Kioni’s faction would bear the legal costs on their own in entirety.
Additionally, the judge declined to hold Kega, Chege, and Kutuny in contempt for unlawfully performing the duties of the party without legal backing.
Kega and Kutuny however moved to court and filed an appeal that sought to overturn the High Court decision. In the application, Kutuny and Kega listed Kioni and Murathe as respondents.
“That the Court be pleased to issue a conservatory order maintaining the leadership of the Jubilee Party as per Gazette Notice No. 9131 Vol. cxxv no. 161 of 12th July 2923 pending the hearing and determination of the intended appeal,” read part of the application filed by Kutuny and Kega before the Court of Appeal’s decision.
Jubilee Party has been facing wrangles after a section of leaders affiliated with the wing led by Sabina Chege (who sought to replace Uhuru Kenyatta) and East Africa Legislative Assembly (EALA) lawmaker Kanini Kega (taking over from Kioni) staged a takeover of the party.
The staged takeover also removed Uhuru from the position of party leader, a decision that led to a protracted political row in the top leadership. The takeover pitted two sides claiming the leadership of the party structures with two factions emerging to claim the positions.
The wrangles pitting Kioni and Kega began shortly after the 2022 general elections when both factions claimed authority as leaders of the former ruling party. The party led by Uhuru was in support of Azimio la Umoja party’s Raila Odinga, who lost the election to President William Ruto.
