The Court of Appeal in Nairobi has rejected a request for interim stay orders sought by rebel Jubilee party members led by Cherangany Member of Parliament Joshua Kutuny and East African Legislative Assembly (EALA) MP Kanini Kega.
The two politicians went 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 as Jubilee Party leaders.
On November 30 this year, Judge Janet Mulwa dismissed a petition filed before the court that sought the removal of Kioni and Murathe as the party Secretary General and Vice Chairperson respectively.
Mulwa 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," Mulwa added.
Despite granting Kioni and Murathe the leeway to lead the Jubilee party, Justice Mulwa declined to hold Sabina Chege and Kanini Kega for acting in contempt of the party principals.
Following the ruling, Kega and Kutuny 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.
However, despite filing the petition as urgent, the Appellate Court declined to grant the stay orders and instead set the date for the hearing and determination of the matter for March 7, 2025.
“In the circumstances of this application, we decline to grant interim orders of stay pending the delivery of the ruling on March 7, 2025,” read part of the ruling by the Court of Appeal.
The stalemate began in 2023 when a section of the Jubilee Party rebel MPs led by Sabina Chege and Kanini Kega staged a revolt as they sought to act as leaders on behalf of former President Uhuru Kenyatta's party.
