Political Parties Dispute Tribunal temporarily halts Jubilee-Kanu agreement

The Political Parties Dispute Tribunal has issued interim orders stopping the Jubilee Party from executing its coalition agreement with Kanu.

After an appeal by the Jubilee Party Deputy Secretary-General Caleb Kositany, Nakuru Senator Susan Kihika, and the National Assembly Majority Chief Whip Benjamin Washiali, the tribunal ruled that matter be certified as urgent.

"In the interest of justice an interim order be and is hereby issued declaring that any decision or action founded on the coalition agreement purportedly signed by the two parties and deposited on May 4 is null, void and has no effect," the ruling read in part.

The Tribunal ordered the complainants to serve the Notice of Motion application dated May 11, 2020, filed under Certificate of Urgency, Supporting Affidavit sworn by Kositany and all the annexed documents, and the Appeal filed upon the respondents and interested parties within three days.

The Registrar of Political Parties was listed as the 1st respondent with Jubilee Secretary General Raphael Tuju and Nelson Dzuya, acting Jubilee Chairman listed as the second and third respondents respectively.

The Jubilee Party and Kanu have been listed as the 1st and 2nd interested parties respectively.

The interim order also restrained Tuju and Dzuya from making any coalition agreements on behalf of the Jubilee Party without a valid, formal resolution of a duly convened National Executive Committee.

This, the Tribunal said should also be and in strict compliance with the provisions of Regulation 21  of the Political Parties (Registration) Regulations, 2019 and Article 32.2 of the Jubilee Party Constitution.

Senator Kihika had along with three others moved to the Tribunal challenging the validity of the Coalition Agreement.

In a letter to Senate Speaker Kenneth Lusaka dated May 12, Kihika appealed to the speaker's office, in the interest of justice and rule of law, to uphold the tribunal's decision.

Lusaka on Tuesday skipped the morning plenary session where he was expected to announce changes in Jubilee coalition leadership in the House.

Instead, deputy speaker Kithure Kindiki presided over the session that started at 10 am.

The speaker was expected to announce the removal of Elgeyo Marakwet Senator Kipchumba Murkomen and Kihika as Majority leader and Majority Whip respectively.

They were voted during a Senators meeting with President Uhuru Kenyatta at State House on Monday.

Both Murkomen and Kihika attended the morning session and occupied their official seats in the chamber.

Kindiki seemed to dispute the new changes during the morning session insisting that the Senate had only one Majority Leader at a particular time and that was  Murkomen.

"Do not bring newspapers issues here," he said.

In the State House meeting, West Pokot Senator Samuel Poghisio was appointed as the new Senate Majority leader, replacing Murkomen.

Poghisio will now be deputised by Isiolo senator Fatuma Dullo Adan.

     In the new changes, Murang'a Senator Irungu Kang'ata has replaced Nakuru Senator Susan Kihika as the Majority Chief Whip.

Kang'ata will be deputised by Wajir nominated senator Farhiya Ali Haji.

State House spokesperson Kanze Dena-Mararon later said 20 senators from both Jubilee and Kanu attended the meeting, a statement that was denied by both Murkomen and Kihika.