The Political Parties Dispute Tribunal (PPDT) on Monday, June 19, barred the Sabina Chege-Kanini Kega-led faction from holding its parallel National Delegates Conference (NDC) and purported withdrawal of Jubilee Party from the Azimio La Umoja Coalition.
In an order issued on Monday, June 19, the tribunal stayed the matter until cases filed before it were heard and determined.
PPDT chairman, Desma Nungo, also issued conservatory orders staying the letter from the Registrar of Political Parties (ORPP) that recognised the ouster of Jeremiah Kioni and David Murathe as secretary general and vice chairperson, respectively.
However, both the Kega and Kioni factions were barred from representing Jubilee Party in a decision seemingly reached at to shield the tribunal from accusations of bias and favouritism.
"That pending the hearing and determination of the Complaint and Applications filed herein, inter partes, interim conservatory orders are hereby issued restraining all parties hereto and/or their representatives jointly and severally from issuing any communication and/or making any public representations on behalf of the Jubilee Party...
"...and further staying communication dated June 6 and 13 issued by Kanini Kega (3rd respondent) and any other communication and/or decisions that may have been issued and/or taken by any of the parties hereto on behalf of Jubilee party during the pendency of these proceedings," Nungo ruled.
The tribunal's latest decision thus bars Chege from assuming the party's leadership struggling to stay afloat as the splinter groups fight for power. President (Rtd) Uhuru Kenyatta thus remains the defacto party leader until the matter is settled.
"Pending the Application inter partes hearing and determination, interim conservatory orders are hereby issued staying the Respondents’ decision embodied in the letter dated May 19, 2023," PPDT added.
The Tribunal Chairman certified the matter as urgent for consideration. He also ordered Kioni to serve the respondents, which included members of the Jubilee Party Disciplinary Committee and all interested parties, within three days.
Similarly, the respondents and interested parties were ordered to file and serve their responses to the application within five days of being served.
Through his lawyer Jackson Awele, Kioni argued that Sabina Chege would have continued undermining Uhuru and other leaders unless restrained.
"As a party to these proceedings, the 3rd Respondent (Kega) is aware of the existence of the conservatory orders in these and other related proceedings and fully understands or should have been advised by his counsel on record that the key issue in controversy is his standing and/or authority to continue communicating on behalf of the Jubilee Party as he is purporting to do and that his actions complained of above undermine the authority of the tribunal over the proceedings.
"The respondents' conduct is clearly therefore a willful attempt to undermine the orders and authority of this tribunal and to defeat the substratum of the disputes before the Tribunal," Lawyer Awele argued.
The Office of the Registrar of Political Parties (ORPP), on May 19, approved the ouster of Jubilee Party Secretary-General Jeremiah Kioni and Vice-Chair David Murathe from the party.
In a letter to embattled Jubilee Party Deputy Secretary-General Joshua Kutuny of the Kega faction, ORPP Registrar Anne Nderitu acknowledged that the party followed due process in expelling the two officials.
Kioni and Murathe were ousted from Jubilee Party on May 10, 2023, following a disciplinary hearing by the party's National Disciplinary Committee, alleged to have aligned with the Kega-Chege faction.
The duo were accused of gross misconduct, including disrespecting the party's leadership and undermining its unity.
