Court clears Innocent Muganda to assume Political Parties Disputes Tribunal chairmanship

Court clears Innocent Muganda to assume Political Parties Disputes Tribunal chairmanship
Court clears Innocent Muganda to assume Political Parties Disputes Tribunal chairmanship - Lawyer Innocent Muganda. (Photo: Handout)
Lawyer Innocent Muganda. (Photo: Handout)

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Justice Wilfrida Musyoka vacated conservatory orders issued on July 8, finding that they had been obtained without proper service of court documents on Muganda, denying him the opportunity to respond before the orders were granted.

The High Court has paved the way for Innocent Muganda to assume office as the chairperson of the Political Parties Disputes Tribunal (PPDT) after lifting interim orders that had temporarily blocked his appointment.
In a ruling delivered on Thursday, Justice Wilfrida Musyoka vacated conservatory orders issued on July 8, finding that they had been obtained without proper service of court documents on Muganda, denying him the opportunity to respond before the orders were granted.
"The interested party was not properly served before the orders were issued. The process adopted did not meet the legal threshold and denied him the right to be heard," Justice Musyoka ruled.

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The judge found that the applicant's claim that court papers had been served through WhatsApp was unsupported by the evidence placed before the court. She noted that the documents allegedly transmitted electronically did not correspond with those filed in court, making the purported service unreliable.
As a result, the court concluded that the interim orders stopping Muganda from assuming office could not stand because they were obtained in breach of the rules of fair hearing.
"The evidence presented does not satisfactorily demonstrate proper service upon the interested party before the ex parte orders were granted," the judge said.

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Beyond the issue of service, Justice Musyoka raised concerns over whether the High Court was the proper forum to hear the dispute.
She observed that the case challenges a recruitment and appointment process, matters that ordinarily fall within the jurisdiction of the Employment and Labour Relations Court (ELRC).
While declining to strike out the proceedings on jurisdictional grounds, the judge stated that judicial review proceedings arising from employment and recruitment disputes should generally be handled by the ELRC.
The court also questioned whether the applicant had the legal standing to institute the proceedings, noting that he had not shown how he was personally affected by the recruitment exercise.
Justice Musyoka further found that the dispute had already been placed before another court, making the matter sub judice. She noted that a separate petition challenging the same recruitment and appointment process is pending before the High Court in Kiambu.
To avoid the risk of conflicting decisions by courts of equal status, the judge directed that Judicial Review Case No. HCJR/E216/2026 be transferred to the High Court in Kiambu.
The file will now be placed before the judge handling Constitutional Petition No. E056 of 2026, who will determine whether the two cases should be consolidated and heard together.
The ruling effectively removes the legal obstacle that had prevented Muganda from taking office, pending further directions from the Kiambu High Court on the future of the consolidated proceedings.

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