Kioni pleads with Political Parties Tribunal to restore sanity in Jubilee
The Political Parties Tribunal has been urged to restore sanity in the administration of the Jubilee party by restoring Jeremiah Kioni as the secretary-general and the policy leader of the former ruling party.
Kioni's lawyers Mbuthi Gathenji and Jackson Awele told the tribunal to set aside the decision that was made in February, edging him out of the leadership of the Jubilee party.
Gathenji told Desma Nungo led tribunal that Kioni was kicked out of the party leadership and membership of the Jubilee party in a clandestine manner.
He told the tribunal that Kioni never got an opportunity to defend himself on accusations that led to his ouster as Jubilee SG.
Kioni stated that the National Executive Committee of the party does not have powers to deal with matters relating to officials of the party, saying the disciplinary mandate for top officials of the party is vested with the National Delegates Convention (NDC).
According to Kioni, the party hierarchy protocols were not followed when a purported decision to remove him as the SG.
He informed the tribunal that the sole mandate of the party to call for any business is vested with the SG who happens to be him(Kioni).
Kioni category told the tribunal that any other business called by any other persons rather than the SG is null and void.
The tribunal heard that deputy SG Joshua Kutuny on February 10 purported to issue a notice to convene a National Executive Committee (NEC) meeting while Kioni was substantively the SG of Jubilee and legally mandated to call for the said meeting.
"Kutuny as the deputy secretary of the party, therefore, had no powers or authority under the party constitution to execute the functions of the Secretary General's office while the substantive holder of that office was still in office," lawyer Gathenji told the tribunal.
Gathenji further states that the purported notice issued by Kutuny on February 2 to convene the Naivasha NEC that led to the removal of Kioni and all other subsequent meetings which discussed and resolved jubilee party matters are nullity in law.
The tribunal heard that the impugned decision made at the Naivasha meeting was anchored on a nullity and is similarly null and void.
Kioni's lawyer added that his client was a fair administrative action by the National Disciplinary Committee.
"Kioni was not given a fair hearing before his removal. The manner in which the hearing and the way the committee interpreted the alleged misconduct was wrong, lawyer Gathenji states.
He added that Kioni was never furnished with the record of any complaint or indeed charges by any person in the alleged misconduct that led to his removal.
The lawyer said that Kioni was only informed that member of the Jubilee party were accusing the secretary general of running the affairs party as his own property.
Gathenji faulted the registrar of Political Parties Anne Nderitu for ratifying an illegality forwarded to her by EALA MP Kanini Kega faction to have Kioni removed from the party.
"Registrar of political parties ex facie ratified and perpetuated illegalities that fly in the face of the party constitution and fundamental guarantees of fair hearing and fair administrative action as enriched in the 2010 constitution," Gathenji submitted.
Lawfully kicked out of Jubilee
On his part, the Kanini Kega-led faction through lawyer John Jomo alleged that Kioni was lawfully removed from Party.
The faction submitted that it's not disputed that Kioni received summons from the party to appear before the National Disciplinary Committee.
The court was told that Kioni still remains suspended and any action he takes from February 10 onwards is invalid.
"Kioni has not challenged the decision of February 10, 2023, so that the decision still stands," lawyer Jomo representing the Kanini Kega faction submitted.
Jomo informed the tribunal that Jubilee party Chairman Dzuya had informed Kioni, David Murathe and Kagwe Gichohi had been informed of the gross misconduct allegations he was facing.
The tribunal heard that Kioni was being accused by some officials of the party of failure to keep proper records of the party as required as the secretary general by the constitution, failure to keep minutes of the management committee and any other organs.
Kioni was also accused of failure to send out notices for convening NEC meetings in defiance of the relevant party organs, failure to present the party's annual work plan to the National Management Committee and National Executive Committee for approval and making pronouncement that are beyond the description as the official duties in the constitution of the party.
Further, Kioni was faulted for failure to secure the interest of the party in the appointment of Parliamentary committees.
Jomo stated that Murathe was kicked out of Jubilee Party for failing to effectively secure the interest of the political outfit in the Azimio la Umoja coalition and ensure that the party has a strong voice in the Azimio la Umoja - One Kenya coalition.
Murathe was also accused of failure to secure the interest of party in the appointment of parliamentary committees.
On his part, Gichohi was removed from the party for failure to ensure that annual financial statements were prepared and presented to the NEC contrary to Article 10 of the party constitution
