Former nominated member of parliament, Hassan Osman, on Monday, May 8, sued former President Uhuru Kenyatta arguing that the National Delegates Conference (NDC) slated for May 22 was illegal.
According to court documents, the former nominated Member of Parliament claimed Uhuru had contravened the Constitution in calling the NDC.
The case, filed under a certificate of urgency, claimed that the special delegates convention called by Uhuru was also wrongful and unlawful.
Other respondents sued, apart from Uhuru included, Jubilee Party, its secretary general, Jeremiah Kioni, and the party’s treasurer, Kagwe Gichohi.
One of the prayers sought by Osman was that the court bars the NDC from happening.
“That this Honorable Tribunal do grant Temporary orders and/or restraining and conservatory orders restraining the Respondents either by themselves, their agents, servants, employees or any other person or any member of Jubilee Party from convening any meeting of the Special Delegates Convention or any other day and/or dealing, acting or undertaking in any way whatsoever and or discussing and/or effecting any changes in the National Executive Committee,” read the document in part.
According to the documents, Uhuru was accused of four particulars of breach of statutory rights. These were;
a) Failing to adhere to the provisions of the Constitution of Kenya
b) Failing to adhere to the laid down provisions of the party’s constitution
c) Failing to adhere to the provisions of the Political Party’s Act No. 11 of 2011
d) Failing to act with justice and equity in the circumstances
On April 30, Uhuru issued a 21-day notice to the party members of Jubilee of the special NDC to formulate new policies, receive a status report from the National Executive Committee (NEC) and consider and approve any other arising matters.
In the affidavit, Osman indicated that Jubilee Party was divided into two factions, one led by Uhuru-Kioni and another by nominated MP Sabina Chege and his East Africa Legislative Assembly colleague (EALA) Kani Kega.
Kega, he added, had written a letter to the Registrar of Political Parties requesting to be provided with various documents to ascertain party leadership. With ongoing leadership wrangles, the MP argued that it would be prudent to call off any NDC until the matter is resolved.
Prior to the NDC taking place, Osman also demanded the Jubilee Party membership register, minutes of the last NDC and records of disbursements of funds for years 2021/22 and 2022/23 publicised.
On April 26, Uhuru showed up at the Jubilee headquarters in Kileleshwa, Nairobi, after the Kioni and Kega factions sought control of the party.
“Anyone who wants to leave a party can join another. We have no quarrel with anyone. We want to guard our party, and those who do not want, are free to leave,” stated Uhuru.
Later, he wrote to the registrar seeking to remove Kega and Chege as party members. The two had orchestrated a plot to oust him as party leader, with Sabina Chege taking charge.