The Political Parties Disputes Tribunal has nullified the appointment of Koitalel Ole Kenta as Jubilee Party Secretary General after finding that he was not a registered member of the party when he was appointed.
In a ruling delivered by a panel chaired by Innocent Muganda, the tribunal held that Kenta was ineligible to occupy the powerful party position because Jubilee’s constitution required the Secretary General to be a member of the party.
The tribunal consequently declared the process leading to Kenta’s nomination, appointment and subsequent recognition by the Registrar of Political Parties unlawful. “It is declared that the nomination, appointment and recognition of the sixth respondent, Hon. Koitalel Ole Kenta, as Secretary General of the first respondent, Jubilee Party, was unlawful and void ab initio,” the tribunal ruled. The tribunal quashed Kenta’s appointment and recognition, effectively requiring Jubilee Party to undertake a fresh process to fill the Secretary General position in accordance with its constitution.
The case was filed by former Nyeri Town MP Ngunjiri Wambugu, who challenged changes made to Jubilee Party’s leadership. Through lawyer Moses Mabeya, Wambugu argued that the Registrar of Political Parties failed to properly scrutinise the proposed changes before entering them into the official register.
He further claimed that despite formally objecting to the leadership changes, he was not given an opportunity to be heard before the Registrar proceeded to recognise the new officials. The dispute also touched on the listing of former Interior Cabinet Secretary Fred Matiang’i as Deputy Secretary General and several other officials whose names were entered into the register as Jubilee Party office bearers. Wambugu had named the Registrar of Political Parties, Matiang’i, former Jubilee Secretary General Jeremiah Kioni, Vincent Mogaka Kemosi, Kenta, Zack Kinuthia, Yasir Noor and Dann Mwangi as respondents.
However, the tribunal declined to uphold Wambugu’s challenges against some of the other officials, finding that the allegations questioning their eligibility were not supported by sufficient evidence. “The complainant’s case on this ground is speculative,” the tribunal said.
The tribunal also rejected the argument that failure by the respondents to produce certain records automatically proved that the officials lacked the required qualifications. It held that more evidence was required before it could conclude that the officials were disqualified from holding their respective positions.
The panel similarly declined to uphold the challenge based on the gender rule, finding that the allegation had not been sufficiently established. Kenta’s appointment, however, failed the tribunal’s scrutiny after it found that he was not a registered Jubilee Party member at the time of his nomination and appointment.
The finding proved decisive, with the tribunal ruling that his appointment could not stand because it violated the party’s own constitutional requirements.
