The Jubilee internal dispute resolution committee has cancelled the Monday Scheduled NDC for Jubilee party as announced by former president Uhuru Kenyatta.
In a press release to the media, and signed by Gideon Solonka, the tribunal Chairman says the dispute was filed by the Complainant on IIth May 2023
According to Solonka, the particulars of the dispute are:
- That the Notice purporting to convene a Special National Delegates Convention (SNDC) issued by the Respondent and published on the print on 29th April, 2023 is irregular and in contravention of the jubilee Party Constitution.
- That the decision to convene an SNDC was resolved in an irregular National Executive Committee (NEC) meeting held without quorum on 28th 2023.
The detailed statement note that upon receipt of the complaint, the IDRC instructed one Wesley Thomas to effect service of the notification of dispute and supporting document upon the Respondent.
On 15th May 2023, the IDRC received an Affidavit of Service from Wesley Thomas detailing how he affected the service of the Notification of Dispute on the Respondent.
Upon perusal of the Affidavit of Service, the IDRC noted that the Respondent was not properly served for the reason that the said Notification was on a Mr. Kagai at the Jubilee Party Dik-Dlk offices.
The IDRC noted that there was no indication that the said Mr. Kagai had the authority to receive serw
behalf of the Respondent. The IDRC then fixed the matter for Directions on 18th May, 2023, at 11:00am.
When the matter came up for directions (18th May, 2023), IDRC directed the Complainant to effect service upon the Respondent.
The Complainant requested seven (7) days to effect service and further prayed for the suspension of the SNDC to enable him to effect proper service on the Respondent.
The IDRC has considered the application made by the Complainant and finds that it is in the interest of justice that the Respondent is properly served and afforded an opportunity to be heard. It is therefore necessary to grant the Complainant sufficient time to serve the Respondent.
The IDRC also notes that the SNDC is scheduled for 22nd May 2023. If the SNDC is allowed to proceed as scheduled, the dispute will be rendered nugatory.
It is, therefore, in the interest of justice that the substratum of the dispute is preserved, pending its hearing and determination.
The IDRC is with unfettered discretion under Rules 9(a) and (b) of the IDRC Rules, 2022 to issue interim orders and to grant any order that is just, equitable and expedient under the circumstances.
The Committee, therefore, directs as follows:
- The Complainant to effect personal service upon the Respondent within seven (7) days from the date hereof.
- The notice issued by the Respondent to convene a Special National Delegates Convention (SNDC) and published in the print media on 29th April 2023 is hereby stayed and suspended, pending the hearing and resolution of the Dispute.
The matter will be mentioned virtually to confirm service and for further directions on 26th May, 2023 at 10:00am - These directions are to be transmitted to the National Executive Committee through the Executive Director.
