The High Court has quashed the removal of Jeremiah Kioni, David Murathe and Kagwe Gichohi as Jubilee Party officials and their subsequent expulsion from the party.
Justice Janet Mulwa ruled that the party's meeting held on February 10, 2023, was improperly convened and in flagrant violation of the law and the party's constitution, and that the resolutions passed at the congress were, therefore, a nullity.
“Having found that every process that was undertaken in furtherance of an unprocedural meeting, any decisions flowing from the meeting are therefore declared null and void,” Justice Mulwa ruled.
Mr Kioni, Mr Murathe and Mr Gichohi were the secretary general, vice-chairman and treasurer of the Jubilee Party respectively.
The officials rushed to court, saying they had suffered grave injustice in the process of their removal in violation of their constitutionally guaranteed right to a fair hearing.
“Upon interrogation of the matter, the court finds that the notice of February 2, 2023, was improperly issued making it a nullity,” said the judge.
Through lawyer Jackson Awele, the three moved to the High Court after the Political Parties Disputes Tribunal dismissed an application seeking to stop their removal as party officials.
Shortly after the tribunal dismissed the case, the Registrar of Political Parties issued a special edition of the Kenya Gazette informing the public of the planned change in the party's leadership.
Mr Kanini Kega, the new secretary-general then issued notices seeking to convene the National Delegates Convention to conduct national elections for the offices they held.
Justice Mulwa found that the expelled members made reasonable attempts to resolve the disputes through the established internal dispute resolution mechanisms to no avail.
The court also declined to hold Mr Kanini Kega, Mr Joshua Kutuny and nominated MP Sabina Chege in contempt of court.
