The Political Parties Dispute Tribunal (PPDT) has temporarily halted the planned National Executive Committee (NEC) meeting of the Jubilee Party set for Friday, November 15, 2024, following a lawsuit filed by Jimmy Angwenyi, Naomi Shabaan, and five other party members.
This ruling adds another layer of complexity to the ongoing leadership wrangles within the once-dominant political party.
In the ruling issued on November 13, 2024, PPDT Chairperson Desma Nungo ordered that the meeting, which was called by Jeremiah Kioni’s faction, be stayed temporarily.
The tribunal found that the request for an injunction by the complainants had merit, issuing an urgent temporary injunction and directing that the meeting not proceed.
“This Honourable Tribunal hereby issues a temporary injunction staying the National Executive Committee meeting of the Jubilee Party set for November 15, 2024,” Nungo stated in her ruling. The tribunal has also scheduled a mention of the case for November 28, 2024, to check on compliance and provide further directions.
The legal challenge to Kioni’s faction’s planned NEC meeting was initiated by a group of Jubilee Party members, including Angwenyi and Shabaan, who argue that the meeting is unconstitutional and should not take place.
The petitioners contend that the leadership under Kioni, which claims to represent the party’s traditional faction loyal to former President Uhuru Kenyatta, does not have the legal authority to convene the NEC.
The petitioners requested an urgent injunction to prevent the meeting, claiming that convening the NEC would only escalate the internal divisions that have crippled the Jubilee Party since the 2022 elections.
Theys also contend that the decision to hold the NEC meeting had not followed the proper procedural channels within the party and violated the party’s constitution.
The petitioners sought an urgent injunction to prevent the meeting, citing concerns that the meeting could further fragment the already divided party and potentially undermine the legal and leadership structures that are currently in place.
In their application, the complainants expressed fears that the convening of the splinter NEC meeting could lead to further legal and political conflicts within the Jubilee Party.
Following the filing of the complaint and the accompanying Notice of Motion application, the tribunal certified the matter as urgent and acted swiftly to address the issue.
The tribunal also ordered that the Respondent (Jeremiah Kioni and his wing of the party) be served with the legal documents immediately, with a hearing date scheduled for November 28, 2024 at 2:30 PM.
The tribunal’s decision to issue the injunction means that Kioni’s faction must wait for further legal directions before proceeding with the planned meeting.
In the interim, Kioni and his supporters are unable to make any key decisions regarding the future of the party, which has been split between those aligned with him and those loyal to President William Ruto and EALA MP Kanini Kega.
This legal intervention comes after the High Court delivered a significant ruling in October 2024, overturning a controversial decision by the PPDT that had allowed a rebel faction led by Kega, Sabina Chege, and Joshua Kutuny to take over leadership of the Jubilee Party.
The High Court ruling was a major victory for Kioni and his allies, as it restored them to leadership positions, declaring that Kioni, David Murathe, and Kagwe Gichohi would continue to hold their respective positions as party leader, secretary-general, and vice chairman, respectively.
Justice Janet Mulwa of the High Court ruled that the decision by the PPDT to endorse Kega’s faction was “erroneous” and “illegal,” emphasizing that the actions of the PPDT commissioners had violated the party constitution.
Justice Mulwa declared that the decision of the PPDT to allow the Kega faction to take control of the party was “annulled” and voided, reaffirming that the leadership of Kioni’s faction was legitimate.
The court also took issue with an earlier NEC meeting held on February 10, 2023, during which the Kega faction had made significant decisions concerning the leadership of the party. Justice Mulwa declared the February 2023 meeting and any resolutions made from it as illegal and void.
The judgment also addressed the National Delegates Conference (NDC) meetings held in May 2023, which had endorsed the leadership of Kega and his allies.
“The court finds that the meeting was held in blatant breach of the law and the party constitution; therefore, any resolutions resulting from that meeting are declared null and void,” the judge ruled. The judgment added that the notice issued by the Kega faction to convene these meetings was irregular and illegal.
With the PPDT’s temporary injunction halting the planned NEC meeting, the leadership of the Jubilee Party remains in flux.
Kioni’s faction has continued to challenge the actions of the Kega-led faction, asserting that their expulsion from key leadership roles was illegal and politically motivated.
The Kioni-led team, represented by Awele Jackson Advocates, has called the decisions by the PPDT “erroneous” and has pushed for a full review of the tribunal’s ruling.
In the appeal filed by Kioni’s camp, they argued that the majority decision of the PPDT, which had validated Kega’s faction as the rightful leadership of the party, was “gravely misinterpreted” and “riddled with legal errors.”
They argued that the tribunal ignored important evidence and failed to address significant legal concerns raised by their side.
Despite the High Court’s favorable ruling for Kioni, the matter is far from settled. The political rift within Jubilee continues to fuel uncertainty as both factions continue to lay claim to the party’s leadership.
As the Political Parties Dispute Tribunal convenes on November 28, 2024, to give further directions on the matter, the outcome could play a pivotal role in determining whether Kioni’s faction can regain control of the party’s activities or if the Kega faction will prevail.
The decision could also impact how Jubilee Party operates in the lead-up to the 2027 General Elections.
 meeting of the Jubilee Party, which was scheduled for Friday, November 15, 2024. The decision comes after a lawsuit was filed by Jimmy Angwenyi, Naomi Shabaan, and five other party members, challenging the legitimacy of the meeting.){kind=link}