Tribunal halts expulsion of Kioni, Murathe from Jubilee

The orders were issued yesterday during a hearing before PPDT chairperson Desma Nungo.

This came hours after the ORPP Anne Nderitu endorsed Mr Kioni's suspension from the party by a rival faction, led by East African Legislative Assembly MP Kanini Kega who claims to be the acting Secretary General.

Ms Nderitu declared the party's National Disciplinary Committee (NDC) had adhered to due process in the expulsion of Kioni and David Murathe on May 10.

Rebel faction

This development came a day after Uhuru chaired a National Delegates Conference at Ngong Race Course, Nairobi, which kicked out the rebel faction led by Kega and Nominated MP Sabina Chege who had been appointed to act as the party leaders.

Others who were expelled by Uhuru's faction include Jimmy Angwenyi (former Kitutu Chache MP), former Taveta MP, Naomi Shaban Jubilee Chairperson Nelson Dzuya, Joshua Kutuny, Mutava Musyimi Rachel Nyamai, Advice Mundalo, Joel Kibe and Wamboi Gichuru.

The acknowledgement by the RPP throws the spanner in the works over the resolutions the Uhuru wing passed intensifying the ongoing power struggle within Jubilee.

In a letter dated May 19 and addressed to Kutuny as the Deputy Secretary General of the party, Nderitu stated that after reviewing all submitted documents in line with the Political Parties Act, her office is satisfied with the National Executive Committee's (NEC) resolution to expel Murathe, Kioni and the suspension of Kagwe Gichohi.

"Accordingly, pursuant to Section 34(da) of the PPA, this Office has updated its records and the register of party members," she said.

Kioni has criticised the RPP's take on the Jubilee matter and has stated that he is ready to lead Jubilee supporters in a demonstration.

"We will call for demonstrations. We urge our supporters to come out in support of the party," he said.

The Kega faction dismissed the NDC as a political rally.

NEC meeting

The resolutions of the NEC meeting on April 28, included the expulsion of members who are working with Kenya Kwanza, reconstitution of the NEC membership, having the changes in its ranks communicated to both Speakers of Parliament and a confirmation that the party continues to be a constituent member of Azimio.

In another letter to Kioni, Nderitu raised concerns that the resolutions made during the April 28 NEC meeting cannot stand due to a lack of quorum.

The RPP noted that Article 23 of the Jubilee Party's constitution stipulates that the quorum for all meetings of party organs should consist of one-third of the membership entitled to attend. Furthermore, article 8.2 specifies that the NEC should be composed of 28 officials.

As a result, Nderitu said the April 28 meeting did not attain quorum and thus all deliberations from it are null and void.

"The list of attendees for the 28 April 2023 meeting comprises nine individuals with two attendees. Hon Maison Leshoomo and Mr Polycarp Hinga, who were yet to assume office. Owing to the above, the resolutions emanating from the 28th April 2023 meeting cannot stand for lack of quorum," said Nderitu.

However, the registrar's action hit a dead-end after the tribunal order certified Kioni's Notice of Motion Application for ex-parte consideration.

The tribunal ordered that until the hearing and determination of the application, the RPP is prohibited from "acting on any communication from the Jubilee Party and Interested parties purporting to expel the Kioni from the membership of the Jubilee Party."

The respondents and interested parties must file and serve their response(s) to the application within five days from the date of service.

Kioni's Notice of Motion Application is listed for mention on May 31, at 2:30pm to assess compliance or provide further directions.

State organs

Within the constitution, independent tribunals are recognised as State organs to which sovereign power is delegated by the people of Kenya to determine disputes between government agencies and citizens and among citizens.

The story of Jubilee intertwines with Azimio and Kenya Kwanza, making the outcome of this struggle a pivotal moment with far-reaching implications.

While addressing delegates during the Jubilee NDC, Azimio leader, Raila Odinga threatened to walk out of bipartisan talks if the onslaught against the former ruling party by government which has poached its MPs and senators is not halted.