In a dramatic turn of events, former nominated Member of Parliament Hassan Osman has taken legal action against former President Uhuru Kenyatta, alleging that the upcoming National Delegates Conference (NDC) of the Jubilee Party is illegal. Osman’s lawsuit, filed under a certificate of urgency, contends that Kenyatta violated the Constitution in calling for the NDC and claims that the special delegates convention is wrongful and unlawful.
The lawsuit not only targets Uhuru Kenyatta but also includes other respondents, such as the Jubilee Party, its secretary general Jeremiah Kioni, and treasurer Kagwe Gichohi. Among the prayers sought by Osman is a request for the court to bar the NDC from taking place, citing multiple breaches of statutory rights by Kenyatta.
According to court documents, Uhuru Kenyatta is accused of failing to adhere to the provisions of the Kenyan Constitution, the party’s constitution, and the Political Parties Act No. 11 of 2011. Furthermore, Osman alleges that Kenyatta failed to act with justice and equity in the circumstances surrounding the NDC.
The controversy surrounding the NDC arose after Uhuru Kenyatta issued a 21-day notice to Jubilee Party members on April 30. The notice outlined the purpose of the NDC, which included formulating new policies, receiving a status report from the National Executive Committee (NEC), and addressing any other relevant matters.
Hassan Osman’s affidavit highlights a divided Jubilee Party, with factions led by Uhuru-Kioni and nominated MP Sabina Chege, along with her East Africa Legislative Assembly colleague, Kani Kega. Osman points out that Kega had written to the Registrar of Political Parties, seeking documentation to determine party leadership. Given the ongoing leadership disputes, Osman argues that holding the NDC before resolving the matter would be imprudent.
The lawsuit also demands access to various party documents, including the Jubilee Party membership register, minutes from the previous NDC, and records of fund disbursements for the years 2021/22 and 2022/23.
This legal battle follows Uhuru Kenyatta’s visit to the Jubilee headquarters in Nairobi on April 26, where he responded to attempts by the Kioni and Kega factions to assert control over the party. During his visit, Kenyatta emphasized that those who wished to leave the party were free to do so, emphasizing the need to protect the party’s interests. Subsequently, Kenyatta sought to remove Kega and Chege as party members, alleging their involvement in a plot to oust him as party leader, with Sabina Chege assuming control.
As the legal proceedings unfold, all eyes are on the Kenyan judiciary to determine the fate of the contentious NDC and the future direction of the Jubilee Party. The outcome of this lawsuit will undoubtedly have far-reaching implications for both the party and the broader political landscape in Kenya.
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