Former nominated MP Hassan Osman has moved to court seeking to block the Jubilee party National Delegates Convention planned for May 22.
Osman, who is a member of the former ruling party, wants the Political Parties Disputes Resolution Tribunal to declare the planned NDC illegal.
In court documents filed on Tuesday, Osman claims there have been attempts to change the party constitution without regard to the law.
In a sworn affidavit, Osman says the party register could have been manipulated to expunge members so as to allow strangers at the NDC.
"I wish to state that the respondents have tried to purport to remove or change the party constitution, membership and leadership when the same is unlawful, illegal and unprocedural,'" Osman says.
Former President Uhuru Kenyatta is listed as the second respondent as the Jubilee party leader alongside secretary general Jeremiah Kioni.
Treasurer Kagwe Gichohi is also listed as well as the Jubilee party.
This faction is allied to Uhuru and was kicked out by the party's National Executive Council a week ago. The matter is yet to be resolved.
In a notice dated April 4, Uhuru summoned Jubilee delegates for a special NDC on May 22 at the Kenya International Convention Centre.
However, Osman says there was no NEC meeting that was held by Uhuru to either sanction the NDC or changes to the Constitution or membership.
"Such reliance on the proposed changes, therefore, constitutes procedural impropriety and at best are illegal, null and void ab initio,'" Osman says.
Osman says the party has not held an internal dispute resolution process to sort out leadership wrangles as directed by the PPDR.
"I wish to state that the branch offices of the Jubilee party are not currently functional raising concerns about the safety of party documents,'" he adds.
Osman says the lack of proper documents could lock out genuine members from participating in the NDC in favour of strangers.
"The party stands to suffer irreparable loss and damages unless respondents are restrained from continuing with the ongoing illegal actions of acting, conducting and dealing on behalf of the Jubilee party," he avers.
