[2025] KEPPDT 6 (KLR)

[2025] KEPPDT 6 (KLR)

The Tribunal found that the respondent issued the notices for the NEC meeting in breach of Article 8.2(1)(A) as read with Article 9.1 of the Jubilee Party Constitution by selectively inviting only certain NEC members and excluding others, including the complainants. The Tribunal held that all national officials, as listed in Gazette Notice No. 3194 of 22nd March 2022, are entitled to be invited to NEC meetings. The respondent's failure to invite all NEC members was not justified and was uncontested. The Tribunal also found no evidence that the respondent unilaterally set the agenda in breach of Article 8.3(2)(c), nor that the exclusion of the National Chairperson was actionable since the...

Citation
[2025] KEPPDT 6 (KLR)
Parties
Applicant: Jimmy Angwenyi; Applicant: Naomi Shabaan; Applicant: Peter Mositet; Applicant: Nelson Dzuya; Applicant: Joshua Kutuny; Applicant: Joel Kibe; Applicant: Jubilee Party; Respondent: Jeremiah Kioni
Court
Political Parties Disputes Tribunal
Jurisdiction
Kenya
Judgment Date
12 February 2025
Case Number
Complaint E016 (NRB) of 2024
Procedural Posture
Complaint / Judgment
Outcome
partially allowed
Judges
D. Nungo, AA Abdikadir, T. Chepkwony
Legal Topics
Political Party Internal Governance, Party Constitution Compliance, Selective Invitation to Meetings, Jurisdiction of Tribunal
Source Language
English
Administrative Law Civil Procedure Political Party Internal Governance Party Constitution Compliance Selective Invitation to Meetings Jurisdiction of Tribunal

Case Brief

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Parties

Jimmy Angwenyi

Applicant

Naomi Shabaan

Applicant

Peter Mositet

Applicant

Nelson Dzuya

Applicant

Joshua Kutuny

Applicant

Joel Kibe

Applicant

Jubilee Party

Applicant

Jeremiah Kioni

Respondent

Procedural Posture

Complaint / Judgment

Legal Issues

  1. 1 Whether the Complaint/Application is defective.
  2. 2 Whether the notices dated 7th November 2024 were issued in accordance with the party Constitution.
  3. 3 What are the appropriate reliefs to grant.

Ratio Decidendi

The Tribunal found that the respondent issued the notices for the NEC meeting in breach of Article 8.2(1)(A) as read with Article 9.1 of the Jubilee Party Constitution by selectively inviting only certain NEC members and excluding others, including the complainants. The Tribunal held that all national officials, as listed in Gazette Notice No. 3194 of 22nd March 2022, are entitled to be invited to NEC meetings. The respondent's failure to invite all NEC members was not justified and was uncontested. The Tribunal also found no evidence that the respondent unilaterally set the agenda in breach of Article 8.3(2)(c), nor that the exclusion of the National Chairperson was actionable since the...

Court Disposition

partially allowed

Orders

  • A declaration is issued that the notice dated 7th November 2024 was issued in breach of Article 8.2(1)(A) as read with Article 9.1 of the party constitution to the extent that there was selective invitation of the members of the Jubilee Party’s National Executive Committee (NEC).
  • An order is issued directing the respondent to comply with the Constitution of the Jubilee Party.