The coalition deal between President Uhuru Kenyatta’s Jubilee Party and Gideon Moi’s KANU has been suspended.
According to the Political Parties Disputes Resolution Tribunal, the interim order will remain in effect until a duly convened National Executive Committee approves the pact.
“(The Jubilee-KANU coalition deal) violated Article 10, 38, 73 and 91 of the Constitution of Kenya, the Political Parties Act, Regulation 21 of the Political Parties (Registration) Regulations 2019 and Article 32.2 of the 1st Interested Party’s Constitution and any decision emanating therefrom is invalid, illegal and had no effect in law,” the order reads.
Caleb Kositany (Soy MP), Susan Kihika (Nakuru Senator), Benjamin Washiali (Mumias East MP) and Albert Mutai (Jubilee Treasurer) moved to court following a pronouncement from State House on changes to the Senate leadership.
The tribunal has certified the matter as urgent and the respondents ( Jubilee Secretary-General Raphael Tuju; Jubilee Chairman Nelson Dzuya and the Registrar of Political Parties) are to serve their response to the pleadings within 7 days of service.
The Notice of Motion has been scheduled for 21 May 2020 at 2:30pm and will be heard virtually inter-parties.
Kihika has since written to the Senate indicating that she is still the Majority Whip and does not recognise the post-election coalition between the Jubilee Party and KANU.
“I moved to the Political Parties Tribunal together with three others challenging the validity of the coalition agreement in Appeal No.1 of 2020 Caleb Kositany & 3 others vs Raphael Tuju and 4 others,” her letter reads.
On Monday, there was pandemonium after State House announced changes made to the Jubilee Senate leadership.
Samuel Poghisio (KANU’s West Pokot Senator) was to replace Kipchumba Murkomen (Elgeyo Marakwet Senator) as the Majority leader in the Senate.
Poghisio was to be deputised by Fatuma Dillo ( Isiolo Senator).
Irungu Kang’ata (Murang’a Senator) was set to take over from Kihika as Majority Whip and be deputised by Farhiya Ali (Nominated Senator).
However, 22 Senators led by Kihika protested the changes saying: “As Jubilee party senators, we did not receive any formal invitation for any meeting with an agenda to discuss the removal of senate Majority Leader and the Senate Majority Whip.”
