Tribunal Overturns Moitalel Ole Kenta’s Appointment as Jubilee Party Secretary General

The Political Parties Disputes Tribunal has overturned Moitalel Ole Kenta’s appointment as Secretary General of the Jubilee Party, ruling that he was not eligible to hold the position at the time of his nomination and appointment.

In a ruling delivered by a panel led by Innocent Muganda, the tribunal found that Kenta was not a registered member of Jubilee Party when he was nominated and appointed, contrary to the requirements of the party’s constitution.

The tribunal consequently declared the process leading to his appointment, as well as his subsequent recognition by the Registrar of Political Parties, unlawful and invalid.

“It is declared that the nomination, appointment and recognition of the sixth respondent, Hon. Moitalel Ole Kenta, as Secretary General of the first respondent, Jubilee Party, was unlawful and void ab initio,” the panel ruled.

Tribunal Quashes Kenta’s Appointment

The tribunal further quashed Kenta’s appointment and recognition, effectively requiring the Jubilee Party to restart the process of selecting its Secretary General in accordance with the party constitution.

The decision follows a petition filed by former Nyeri Town MP Ngunjiri Wambugu, who challenged a series of changes to the leadership of the Jubilee Party.

Wambugu, represented by lawyer Moses Mabeya, argued that the Registrar of Political Parties had failed to properly scrutinise the proposed leadership changes before entering them into the party's official records.

He told the tribunal that he had formally objected to the changes but was not given an opportunity to be heard before the Registrar proceeded to recognise the new office bearers.

Matiang’i, Kioni and Other Officials Named

The dispute also involved the listing of former Interior Cabinet Secretary Fred Matiang’i as Deputy Party Leader, alongside other officials whose names were entered into the register as Jubilee Party office bearers.

Wambugu named the Registrar of Political Parties, Fred Matiang’i, former Jubilee Secretary General Jeremiah Kioni, Vincent Mogaka Kemosi, Moitalel Ole Kenta, Zack Kinuthia, Yasir Noor and Dann Mwangi as respondents in the case.

However, the tribunal did not uphold all the grounds raised by the former MP.

Tribunal Rejects Other Eligibility Claims

While the tribunal found Kenta's appointment unlawful, it dismissed challenges concerning the eligibility of some of the other officials named in the case.

The panel held that several of the allegations were based largely on speculation rather than sufficient evidence.

“The complainant’s case on this ground is speculative,” the tribunal stated.

The tribunal also rejected the argument that the respondents' failure to provide certain records was, by itself, sufficient to establish that the officials did not meet the required qualifications.

According to the panel, additional evidence was necessary before it could determine that any of the officials were disqualified from holding their respective positions.

It similarly declined to uphold a challenge based on the gender rule, finding that the allegation had not been sufficiently established.

Lack of Party Membership Decisive

Despite dismissing several of the grounds presented by Wambugu, the tribunal found that the challenge against Kenta's appointment had been proved.

His lack of registered membership in Jubilee Party at the time of his nomination and appointment was identified as the decisive issue in the tribunal's determination.

The ruling means Jubilee Party will have to undertake a fresh process to fill the position of Secretary General in compliance with its constitution and applicable political parties regulations.

The decision adds a new chapter to the ongoing leadership disputes within Jubilee Party and could have wider implications for the party's organisational structure and future political activities.