• Political Parties Dispute Tribunal had ruled that they were legally removed from office.
• Justice Asenath Ongeri issued the orders and directed that it be served to the respondents for interpartes hearing on July 26, 2023 before Justice Visram.
Image: THE STAR
Besieged Jubilee party secretary general Jeremiah Kioni has gotten temporary reprieve after the High Court on Thursday issued conservatory orders stopping the rebel group from taking over the party.
The order issued at the Milimani court stopped the removal of Kioni as SG, vice chairman David Murathe and the suspension of Treasurer Kagwe Gichohi.
Justice Asenath Ongeri issued the orders and directed that it be served upon the respondents for interpartes hearing on July 26, 2023 before Justice Visram.
Kioni and his team filed the case against the National Disciplinary Committee of the Jubilee party and the party's deputy secretary general Joshua Kutuny.
"In the meantime, conservatory orders are granted in terms of prayers 1,2,3 and 4 of the application dated July 12, 2023," Justice Ongeri ordered.
The petitioners through Awele Jackson Advocates wanted the court to declare the majority decision of the Political Parties Disputes Tribunal dated July 10, 2023 null and void and substitute it with the minority decision of the Tribunal issued on the same day.
At a press conference convened by the Azimio, Kioni welcomed the court ruling saying the court had delivered a reasoned judgment.
He said the PPDT ruled against them in a split decision of four versus three, something he said was a first in the history of the tribunal.
"This is useful to know that within our system we still have parts of the Judiciary that is judicious, specifically the High Court, that they are able to listen to issues," he said.
The tribunal had in its verdict thrown out an appeal filed by Kioni and his team which sought to nullify their ouster from office by the faction led by the East African Legislative Assembly MP Kanini Kega.
The tribunal also struck out a suit against Registrar of Political Parties Anne Nderitu whom Kioni's team wanted found at fault for ratifying their removal from office in a letter dated May 19.
The applicants also wanted the court to quash all and any actions undertaken pursuant to the majority decision of the PPDT which included an order that Kioni's team bears the cost of the appeal to the respondents and interested parties.
Justice Ongeri did not, however, pronounce herself on the issue of who bears the costs in the application.
She, however, granted the fourth prayer sought by the applicants by declaring the entire decision of the PPDT a mistrial and consequently ordered a new trial before a new bench.
Kioni and his team want their complaints heard by a different panel other than Wilfred Mutubwa, Theresa Chepkwony, Abdirahman Abdi Abdikadir and Muzna Mohamed Yusuf Jin of the PPDT.