Jillo v United Democratic Alliance & another; Speaker, County Assembly of Isiolo (Interested Party) (Complaint E001(MRU) of 2023) [2023] KEPPDT 1354 (KLR) (Civ) (22 May 2023) (Ruling)
Neutral citation:
[2023] KEPPDT 1354 (KLR)
Republic of Kenya
Complaint E001(MRU) of 2023
G. Gathu, Presiding Member, T. Chepkwony & S Musau, Members
May 22, 2023
Between
Abdinoor Dima Jillo
Complainant
and
United Democratic Alliance
1st Respondent
Abdirashid Ali Diba
2nd Respondent
and
Speaker, County Assembly Of Isiolo
Interested Party
Ruling
1.Before this Tribunal is the 2nd Respondent’s Notice of Motion application dated 6th April 2023. The same is supported by the affidavit of Abdirashid Ali Diba. In response to the application, the 1st Respondent filed a Preliminary Objection dated 10th April 2023. The Tribunal issued directions that both the Preliminary objection and the Notice of Motion would be heard together
2.The 2nd Respondent’s Notice of Motion dated 6th April 2023 seeks orders restraining the 1st Respondent from proceeding with disciplinary action against the 2nd Respondent pending the hearing and determination of the Complain herein. On the other hand, the Preliminary Objection dated 10th April 2023 seeks that the Tribunal dismisses the 2nd Respondent’s aforesaid application on grounds of jurisdiction.
Issues for determination
3.The Tribunal has carefully perused the aforesaid application, the aforesaid preliminary objection and the parties submissions on the same and determined the following as the issues for determination:-i.Whether the Tribunal has jurisdiction to hear and determine the Notice of Motion application dated 6th April 2023.ii.If the Tribunal has jurisdiction to hear the Notice of Motion application dated 6thApril 2023, whether the same should be granted.Analysis and Findings.Whether the Tribunal has jurisdiction to hear and determine the Notice of Motion dated 6th April 2023.
4.The jurisdiction of this Tribunal is based on section 40 of the Political Parties Act. The 1st Respondent contends that the Tribunal does not have jurisdiction to hear and determine the dispute between the 1st Respondent and the 2nd Respondent as the same is not within the provisions of section 40 of the Political Parties Act, and that Tribunal does not have jurisdiction to stop the 1st Respondent from exercising disciplinary procedure over its members.
5.It is noteworthy that further to the jurisdiction of this Tribunal under section 40 of the Political Parties Act, this Tribunal also has inherent jurisdiction, under section 3A of the Civil Procedure Act, to make such orders as are necessary for the ends of justice or to prevent abuse of its process. This is pursuant to section 41(4) of the Political Parties Act.
6.The Court of Appeal in Kenya Power & Lighting Company Limited v Benzene Holdings Limited t/a Wyco Paints [2016] eKLR stated thus:-
7.The dispute between the 1st Respondent and the 2nd Respondent is not the main dispute herein but is a secondary one. The secondary dispute arose when the 1st Respondent sought to subject the 2nd Respondent to a disciplinary hearing vide its letter dated 31st March 2023. It is instructive to note that the letter dated 31st March 2023 summoning the 2nd Respondent for the disciplinary hearing was written after this complaint had been lodged. The letter also indicates that part of the charges against the 2nd Respondent relate to the 1st Respondent’s position in the leadership of the County Assembly of Isiolo.
8.The Tribunal finds that the issues before the disciplinary committee of the 2nd Respondent are directly related to the issues before the Tribunal in this Complaint in so far as they relate to the leadership of the County Assembly of Isiolo. The outcome of the proceedings may have a bearing on the issues before the Tribunal and may amount to stealing a match from the parties to this dispute.
9.As such, the Tribunal finds that further to the provisions of section 40 of the Political Parties Act and in the circumstances of this case, it has inherent jurisdiction to hear and determine the 2nd Respondent’s application dated 6th April 2023.If the Tribunal has jurisdiction to hear the Notice of Motion dated 6th April 2023, whether the same should be granted.
10.The Tribunal has found that the secondary dispute in this complaint between the 1st and 2nd Respondent is intrinsically tied to the issues in this complaint. The outcome of the disciplinary process may have a bearing on these proceedings in a manner that may be prejudicial to the parties herein. It is only fair and just that the said proceedings are stayed pending the hearing of the complaint. In the circumstances, the Tribunal finds that the application Notice of Motion dated 6th April 2023 is merited and allows the same. The Preliminary Objection dated 10th April 2023 is dismissed.
11.Costs shall be in the cause.
DATED AND DELIVERED VIRTUALLY THIS 22ND DAY OF MAY 2023.………………………………………………GAD GATHU(Presiding Member)………………………………………………THERESA CHEPKWONY(Member)……………………………………………… STEPHEN MUSAU(Member)