Court to hear case against Uhuru's NDC on May 15

Political Parties Dispute Resolution Tribunal directed that respondents be served by Wednesday.

In Summary
  • That the Notice of Motion Application dated 8th May 2023 be heard inter parties on 15th May2023 at 2.30pm," the tribunal directed.
  • Osman was directed to serve the complaint and notice of motion on the respondents by May 10.
Former nominated MP Hassan Osman addresses the press outside the office of the Registrar of Political Parties at Lion Place on May 5, 2023.
Former nominated MP Hassan Osman addresses the press outside the office of the Registrar of Political Parties at Lion Place on May 5, 2023.
Image: FILE

A case seeking to block retired President Uhuru Kenyatta's planned Jubilee delegates meeting will now be heard on May 15.

The Political Parties Dispute Resolution Tribunal ruled on Wednesday that the application by nominated MP Hassan Osman had been certified as urgent.

In the orders signed by tribunal chairperson Desma Nungo, Osman was directed to serve the complaint and notice of motion on the respondents by May 10.

"That the Notice of Motion Application dated 8th May 2023 be heard inter parties on 15th May, 2023 at 2.30pm," the tribunal directed.

Osman had on Tuesday 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 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 said.

Former President Uhuru Kenyatta is listed as the second respondent as the Jubilee party leader alongside suspended 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, Nairobi.

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 said.

He adds that 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 notes.

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 stated.

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