Former Embu Member of Parliament Ngunjiri Ng’ang’a filed a petition in the High Court this week challenging the legality of recent leadership changes within the Jubilee Party. The lawsuit seeks to nullify the appointment of new party officials, alleging that the transition violated the party’s constitution and bypassed mandatory internal democratic processes.
The legal challenge marks the latest escalation in a prolonged struggle for control of the Jubilee Party, an entity that once dominated Kenyan politics but now faces an existential crisis. Ngunjiri’s petition targets the legitimacy of the current party leadership, arguing that the process used to install the new officials was fundamentally flawed and lacked the requisite approval from the party’s organs.
Constitutional Violations and the High Court Petition
At the center of the dispute is the manner in which Jubilee’s leadership was restructured. Ngunjiri contends that the party’s internal regulations require a National Delegates Conference (NDC) to oversee any major change in the party’s hierarchy. According to the petition, the current officials were appointed through a process that bypassed this mandatory gathering, rendering their positions legally untenable.
The former lawmaker argues that the leadership transition was a calculated move to sideline loyalists and install individuals who are more aligned with external political interests. By moving the matter to the High Court, Ngunjiri is seeking a declaration that the appointments are null and void. He is also requesting the court to order the Registrar of Political Parties to strike off the names of the contested officials from the official party register.
The current leadership cannot claim legitimacy when the very process of their ascent was shrouded in secrecy and lacked the mandate of the party’s delegates.
Ngunjiri Ng’ang’a, Former Member of Parliament
The petition highlights specific clauses within the Jubilee Party constitution that mandate transparency and inclusivity in leadership elections. Ngunjiri claims the recent changes were a blatant disregard for the rule of law
and an attempt to transform the party into a personal vehicle for a few individuals rather than a democratic institution.
The Power Struggle Over Party Control
The battle for Jubilee is not merely a legal disagreement over bylaws but a fight for the party’s remaining political capital. Since the 2022 general elections, the party has been split between factions. One group remains loyal to the vision of the party’s founder, while another seeks to reposition Jubilee as a collaborative partner with the current government administration.
Ngunjiri’s move is seen as a tactical strike to prevent a hostile takeover of the party’s infrastructure. Control over the party’s leadership determines who manages the party’s funds, who oversees the nomination process for future elections, and who holds the authority to communicate with the Registrar of Political Parties. For the faction led by Ngunjiri, losing control of these levers means the end of Jubilee as a distinct political force.
Analysts note that the timing of this lawsuit is critical. As the political class begins to eye the next electoral cycle, the legitimacy of party tickets becomes paramount. If the court finds that the current leadership is illegitimate, any nominations or decisions made by those officials could be challenged, creating a vacuum of authority that could lead to the party’s total collapse or a forced merger with another entity.
Regulatory Oversight and the Registrar of Political Parties
The Registrar of Political Parties (RPP) occupies a precarious position in this dispute. The RPP is tasked with ensuring that all political parties adhere to the Political Parties Act and their own internal constitutions. However, the Registrar often relies on the documentation provided by the party’s Secretary General to update official records.
Ngunjiri’s petition argues that the RPP acted prematurely by recognizing the new leadership without verifying if a valid NDC had occurred. The lawsuit suggests that the Registrar was misled by a small clique within the party who presented forged or incomplete minutes of meetings to justify the leadership change. This puts the RPP under pressure to justify its verification processes and may force a more rigorous audit of how party leadership changes are registered in Kenya.
In previous disputes involving other political parties, the RPP has occasionally stepped back to allow the courts to determine the rightful leadership. If the High Court issues an interim conservatory order, the RPP may be required to freeze the party’s registration updates, effectively paralyzing the current leadership’s ability to make official changes to the party’s membership or structure.
The Path Toward Party De-registration or Reform
The outcome of this case will likely determine whether Jubilee can survive as a viable political organization. The party has already seen a mass exodus of members who migrated to other coalitions, leaving behind a skeleton crew of officials and a handful of loyalists. A prolonged legal battle only accelerates this decline, as potential candidates avoid associating with a party whose leadership is under judicial review.
If the court rules in favor of Ngunjiri, it may mandate the convening of a fresh National Delegates Conference. This would provide a window for a genuine democratic contest for leadership, potentially reviving the party’s internal morale. However, such a process requires a level of cooperation that currently does not exist between the warring factions.
Conversely, if the court upholds the leadership changes, Ngunjiri and his allies may be forced to either accept the new status quo or exit the party entirely. Such a result would consolidate power in the hands of the current officials but might leave the party further alienated from its original base.
The broader implication for Kenyan politics is the continuing trend of party instability. The Jubilee case is a textbook example of how internal disputes are shifted from party organs to the judiciary. This reliance on the courts to solve political disagreements suggests a failure of internal party dispute resolution mechanisms, leaving the High Court as the ultimate arbiter of political legitimacy in the country.
Observers are now watching for the party’s response to the petition. The current leadership is expected to file a replying affidavit denying the allegations of irregularity and asserting that the changes were conducted in accordance with the party’s needs and existing laws. Until the court delivers a ruling, the Jubilee Party remains a house divided, with its legal standing hanging in the balance.
