Former President Uhuru Kenyatta suffered a set back after his allies-former Ndarangwa MP Jeremiah Kioni and David Murathe lost a suit on Jubilee Party leadership.
The two had filed an appeal at the Political Parties Dispute Tribunal on May 25,2023 after the Registrar of Political Parties Ms Anne Nderitu declared that he had been duly removed from the office as Jubilee secretary-general and chairman respectively.
They had been ousted by members of the party’s National Executive Council (NEC) members of a faction led by East Africa Legislative Assembly (EALA) legislator Kanini Kega who took over as the party’s secretary general during a meeting; where he was elected by members of the splinter group.
In a letter dated May 19, 2023, and addressed to the party Deputy Secretary General Joshua Kuttuny, Ms Nderitu stated that the new Jubilee Party leadership led by Kega followed the due process in the removal of Kioni and Murathe and former treasurer Kangwe Gichohi.
“It is further noted that the party concluded the disciplinary processes against (Kioni), (Murathe), and (Gichohi) wherein they participated in line with Section 14B (2) of the Political Parties Act, 2011 (PPA). Consequently, the party expelled Kioni, Murathe and suspended Mr. Kagwe,” read the letter
Mr Kioni, Mr Murathe and Gichohi moved to the tribunal where he filed an appeal petitioning the tribunal to suspend Ms Nderitu decision. Others named in the appeal include the National disciplinary committee of the party, the party’s deputy secretary general Kuttuny and Mr Kega.
Mr Kioni and his colleagues wanted the tribunal to declare that Ms Nderitu letter dated May 19, 2023 violated their right to fair administrative action and was in any event unreasonable.
However, after hearing the petition on June 23, the tribunal dismissed the appeal and struck it out, ordering Mr Kioni, Mr Murathe and Mr Gichohi to pay the legal costs of the appeal to Ms Nderitu and others who had been listed as respondents in the petition.
The tribunal said that the appellants made heavy use of the requirements of Section 4 and 12 of the Fair Administrative Action Act, 2015.
It said the three filed affidavits, called witnesses, produced further documentary evidence in terms of exhibits, were represented by eminent counsel, cross examined the adverse party’s witnesses, and made submissions on the law and facts before Ms Nderitu made her findings.
The tribunal ruled hearings, trials, opportunities and facilities were all along availed to the appellants to fairly prosecute their cases.
“It bears reminder that one must always take a holistic and not selective view of the processes resulting in the resolutions of the party’s NEC and ultimately the Registrar’s acceptance thereof. The resolutions of the party’s NEC and impugned decision of the Registrar was a product of processes, judicial and administrative, which the appellants participated in or were offered opportunity to participate in,” stated the tribunal verdict delivered on Monday.
“One cannot isolate the end product, the Registrar’s letter of May 19,2023, and fault it without a cursory or in-depth analysis of the processes preceding or informing that decision. If one views the entirety of the processes that were undertaken prior to the Registrar’s decision, then one would, without a doubt, reach the inescapable conclusion that the process was fair and above board.”
