High Court suspends political parties tribunal decision that upheld appointment of Kanini Kega and Sabina Chege
The High Court has issued temporary orders suspending the decision by the Political Parties Disputes Tribunal (PPDT) on the Jubilee Party leadership.
This is after the faction led by Jeremiah Kioni moved to High Court's Civil Division to challenge the decision saying they were apprehensive that they suffered grave injustice before the members of the tribunal in violation of their constitutionally guaranteed right to a fair hearing.
Earlier this week, the tribunal upheld the appointment of Kanini Kega as Jubilee Party acting Secretary General.
The tribunal also upheld the expulsion of Kioni and David Murathe from the Party as Secretary General and Vice-chairman respectively.
However, in the appeal, the Kioni faction argues that their expulsion from the Jubilee Party is draconian and curtails their rights under the Bill of Rights including their rights under Article 38 (political rights), Article 36 (freedom of association), Article 50 (right to fair hearing), Article 47 (Right to fair administrative action), Article 159(2)(e) (the duty of courts to uphold the purpose and principles of the constitution).
"Pending the hearing and determination of this application inter-partes, the Honorable court be pleased to issue conservatory orders to the effect that the underlying decisions the subject of the impugned judgement of the Political parties Disputes Tribunal in PPDT Complaint No. 10 of 2023, to wit; the decisions of the National Executive committee dated 10th February and 19th May 2023 and the decision of the National Disciplinary committee dated 18th May 2023 be and are hereby stayed," reads the court order.
Through lawyer Jackson Awele, the Jeremiah Kioni faction claims that the conservatory orders will ensure a decent balance of their constitutional right of appeal with the attendant public interest in ensuring democratic governance of political parties.
They argue that the judgement of the Tribunal is replete with grave misapprehensions of law and facts that render it incurably unjust and bad in law.
The matter will be mentioned on June 26th.
