Court rulings and defections deepen Jubilee Party's woes

Former President Uhuru Kenyatta. [File, Standard]

A series of legal rulings have dealt the Jubilee party a political blow, leaving the once behemoth party exposed ahead of the 2027 general elections.

A September 14 ruling barring retired Presidents from holding political office for more than six months after leaving State House, and another by the Political Parties Disputes Tribunal quashing the appointment and recognition of Koitalel Ole Kenta as Secretary General of the Party have effectively thrown a wrench in the works, with pundits now critical of its future.

Compounding the party’s woes is the ongoing internal haemorrhage following its resounding loss in the Ol Kalou by-election.  Kamukunji MP Yusuf Hassan, who was elected on a Jubilee Party ticket, left the party in August in favour of the DCP Party, through which he hopes to contest for his seat. Others who have decamped from the party include Starehe MP Hamos Mwago and Embakasi West MP Mark Mwenje. They have joined the former Deputy President-led Democracy for Citizens Party.

Yesterday, retired President Uhuru Kenyatta was forced to announce that he will step down from his role as the Jubilee Party leader following a ruling by the High Court. The ruling delivered on Monday by Justice Lawrence Mugambi barred retired presidents from holding political party office for more than six months after leaving the State House, but held that they can join or participate in party political activities.

Through the office of the Communications Secretary at the Office of the 4th President, Kenyatta said that the ruling is a reaffirmation of Kenya's democratic maturity and will honour the directive.

"He (Kenyatta) notes that the court's ruling is not a restriction on his political life...the 4th President of the Republic of Kenya acknowledges that leadership is not the chair one occupies; it is the trust one cultivates," the statement read in part.

Uhuru further reaffirmed his willingness to lawfully hand over his position of party chairmanship in line with the party's Constitution.

"Regarding the long-delayed handover of the Party chairmanship, the Office clarifies that this process was not stalled by reluctance, but by a contested internal dispute that required legal clarity. With the court's guidance, that path is now clear," he said.

"H.E. Uhuru Kenyatta welcomes this new chapter for Jubilee, built on the rule of law, guided by the Party's constitution, and carried forward by the next generation of leadership."

Justice Mugambi was delivering his ruling after a petition was filed arguing that Kenyatta was violating Section 6 of the Presidential Retirement Benefits Act.

The Former President is, however, now expected to play a more behind-the-scenes role and stick to his role as the Azimio Coalition’s patron, with other officials such as Deputy Party leader Fred Matiangi and counterpart Jeremiah Kioni expected to steady the Jubilee ship moving forward.

The party, however, faces a herculean task after the Political Parties Disputes Tribunal rejected the appointment and recognition of Koitalel Ole Kenta as the SG  of the Jubilee Party, on grounds that he did not meet the eligibility requirements for the position.

The tribunal ruled that Kenta’s nomination, appointment and recognition as the party’s Secretary General in March 2026 were unlawful and void from the outset.

“It is declared that the nomination, appointment and recognition of the sixth respondent (Hon. Koitalel Ole Kenta) as Secretary General of the first respondent (Jubilee Party) was unlawful and void ab initio,” the tribunal ruled.

The tribunal also issued an order forbidding Kenta’s appointment and recognition as Secretary General and directed the party to undertake a fresh process to fill the position if it wished to do so.

The panel held that Kenta’s appointment was made despite him not meeting eligibility requirements under the Jubilee Party constitution, particularly the requirement on party membership.

But the decision was only made after former Nyeri Town MP Njunjiri moved to the PPDT to contest the changes made to the party’s leadership, and their subsequent recognition by the Registrar of Political Parties.

His lawyer, Moses Mabeya, argued that the process leading to the changes was “procedurally flawed and contravened statutory and constitutional requirements relating to fair administrative action.”

The changes included the recording of former Interior Cabinet Secretary Fred Matiang’i as Deputy Secretary General, alongside other officials who were recorded by the Registrar as duly recognised Jubilee Party office bearers.

Sued in the case were the Registrar of Political Parties alongside Matiang’i, Kioni, Vincent Mogaka Kemosi, Koitalel Ole Kenta, Zack Kinuthia, Yasir Noor and Dann Mwangi.

Wambugu contended that despite objecting to the changes, the Registrar of Political Parties proceeded to adopt and record the disputed changes without allowing him to be heard.

It now remains to be seen as to whether Ole Kenta will appeal the decision and just how well the former ruling party will pick itself up in readiness for the general polls.