The Jubilee Party’s rebel faction, led by Sabina Chege and Kanini Kega, has suffered a setback after the Court of Appeal declined to suspend a High Court ruling that blocked their bid to take over the party leadership.
In a brief ruling, a three-judge bench comprising Justices Jamila Mohamed, Mumbi Ngugi, and Fred Ochieng ruled that the request for an interim stay of the High Court’s September 30, 2024 decision would not be granted.
The judges stated, “In the circumstances of this application, we decline to grant interim orders of stay pending the delivery of the ruling on March 7, 2025.”
The ruling is a significant victory for the faction loyal to retired President Uhuru Kenyatta, which includes former Ndaragwa MP Jeremiah Kioni and businessman David Murathe.
Their positions as party leader, Secretary General, and vice-chairman, respectively, will remain intact until March next year and are allowed to run affairs of the former ruling party in the ensuing wrangles
The Kanini Kega faction, allied with President William Ruto, had sought to suspend the High Court ruling that overturned a decision by the Political Parties Dispute Tribunal (PPDT).
In its application, the faction urged the Court of Appeal to stay Justice Janet Mulwa’s ruling, stating, “We urge the Court be pleased and does hereby issue an order staying the judgment of the High Court (J. Mulwa, J.) dated September 30, 2024 pending the hearing and determination of the instant application.”
Additionally, the Kega-Chege faction requested a conservatory order to maintain the status quo in the leadership of the Jubilee Party, as per Gazette Notice No. 9131 Vol. CXXV – No. 161 of July 12, 2023.
However, the Court of Appeal judges declined the request, confirming that the leadership dispute will remain unresolved until their full ruling in March 2025.
Justice Mulwa’s High Court decision had set aside the PPDT’s majority ruling, which had allowed the Kanini Kega faction to assume leadership.
The judge described the PPDT’s decision as “an erroneous finding issued by the commissioners and must be disturbed at this stage. I find that the decision of the PPDT illegal and annulled.”
Justice Mulwa also addressed the legitimacy of a Jubilee Party National Executive Committee (NEC) meeting held on February 10, 2023.
The judge ruled that the meeting was “in blatant breach of the law and the party constitution; therefore, any resolutions resulting from that meeting are declared null and void.”
Furthermore, she declared that the notice issued to party officials on February 2, 2023, was “illegally and irregularly issued,” rendering it void.
The Kioni-led faction had filed a motion seeking to quash all actions taken following the PPDT’s majority decision.
“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,” Justice Mulwa ruled.
In a related application, the Kioni faction had sought to hold Kanini Kega, Sabina Chege, and MP Joshua Kutuny in contempt for continuing to perform Jubilee Party functions despite the court’s orders barring them from doing so.
Justice Mulwa dismissed this application, ruling, “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 costs.”
This legal battle stems from a series of conflicting decisions within the party, as six appeals continue to be heard.
The PPDT had earlier endorsed the removal of Kioni, Murathe, and other party leaders, clearing the way for Kega, Chege, and MP Adan Keynan to take on leadership roles.
However, Kioni’s faction, represented by Awele Jackson Advocates, argues that the PPDT’s majority decision was riddled with legal misinterpretations and should be overturned.
“We urge the court to declare the PPDT’s majority decision null and void and to uphold the minority decision issued on the same day,” the Kioni team argued.
