Win for Uhuru in Jubilee Party as appeals court upholds ruling reinstating his faction
In September 2024, High Court Judge Janet Mulwa ruled that the expulsion of Kenyatta’s allies was unlawful.
Former President Uhuru Kenyatta has secured another victory in the ongoing battle for control of the Jubilee Party after the Court of Appeal upheld a ruling that reinstated his allies.
However, the faction led by East African Legislative Assembly (EALA) MP Kanini Kega has moved to challenge the decision, arguing that the trial judge overstepped legal boundaries.
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The wrangles within the Jubilee Party began after Kenyatta's retirement, leading to a power struggle between two factions.
The group aligned with Kenyatta includes Jeremiah Kioni (Secretary-General), David Murathe (National Vice-Chairperson), and Kagwe Gichohi (Treasurer).
The other faction, led by Kanini Kega, Adan Keynan (Eldas MP) and Rachael Nyamai (Kitui South MP), took over the party's leadership in early 2023, expelling Kenyatta’s allies from key positions.
In September 2024, High Court Judge Janet Mulwa ruled that the expulsion of Kenyatta’s allies was unlawful.
She found that some individuals who made the decision were not legitimate members of the party’s National Executive Committee (NEC), rendering the action null and void.
The ruling reinstated Kioni, Murathe and Gichohi to their positions.
Fresh appeal by Kega faction
Aggrieved by the ruling, the Kega-led faction has appealed, arguing that the trial court lacked jurisdiction over the case.
They claim the judge failed to recognise the authority of the Political Parties Disputes Tribunal (PPDT), which, according to them, had the mandate to handle internal party disputes.
They further argue that the matter was already before the party’s internal dispute resolution mechanism and should not have been decided in court.
On Friday, the three-judge bench led by justices Jamila Mohammed, Mumbi Ngugi and Fred Ochieng dismissed the request stating that the disciplinary committee failed to explain which particular activities were at risk of being disrupted if the trial court’s judgment is implemented.
“We did not hear from any of the disciplinary committee’s lawyers on the particular activities they purport will be disrupted if we do not grant the stay in the interim pending determination of the intended appeal. Mr Kioni, Mr Murathe and Mr Kagwe will resume their lawful positions in the party and as it was pointed out, if they were to conduct business outside what they are permitted to do in the Party’s constitution, there is a recourse,” the judges said.
The faction also contended that the judge erred by not referring the case back to the PPDT for a hearing before issuing a verdict.
They insist that this oversight undermines the legal process and justifies their appeal. However, the pending appeal is arguable.
What next?
As the appeal progresses, the legal battle continues to disrupt Jubilee Party operations.
The ruling will determine whether Kenyatta’s allies retain leadership or if the Kega faction reclaims control, shaping the party’s future ahead of the next political cycle.
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