The Political Parties Disputes Tribunal has ruled that the Registrar of Political Parties’ decision to confirm the removal of former Ndaragwa MP Jeremiah Kioni and politician David Murathe from their positions as Jubilee Party secretary-general and national vice-chairperson, respectively, is null and void.
The tribunal found that the registrar failed to investigate whether the party’s National Executive Council meeting that resolved the ouster of Kioni and Murathe was properly convened.
However, the tribunal dismissed Kioni and Murathe’s complaint about their removal, stating that they should have filed their complaints internally before invoking the tribunal’s jurisdiction.
Kioni and Murathe, along with the party’s National Treasurer Kagwe Gichohi, were removed from their positions following a meeting held by the party’s NEC in Naivasha in February 2023.
The new officials associated with President William Ruto’s Kenya Kwanza Alliance replaced them, including East African Legislative Assembly MP Kanini Kega (Acting secretary-general) and Adan Keynan (National Vice-chairperson). Rachel Nyamai, the Kitui South MP, replaced Gichohi.
However, Kioni and Murathe have been holding the office temporarily based on orders issued pending the hearing and determination of the appeal by the tribunal. Edward Muriu, the new officials’ lawyer, argued that the case was filed prematurely before the tribunal, adding that the complainants should have first subjected the complaints to the internal dispute resolution mechanisms before moving to the tribunal.
“The appeal offends the doctrine of exhaustion of internal administrative remedies as the applicants have not exhausted the remedies provided under Jubilee Party’s Constitution and Section 40 of the Political Parties Act,” Muriu said in the objection.
