The legal existence of President Uhuru’s Jubilee Alliance Party (JAP) has been thrown off balance as the outfit has been sued by a resident of Kajiado Central claiming it is an illegal entity.
The case, already certified as urgent and is to be heard on Wednesday, seeks to bar JAP candidate Patrick Tutui from contesting the by election on a JAP ticket, and declare JAP as an illegal entity.
The petitioner, Ntusero Naimaua Tiyie, argues that JAP is not a political party according to law with respect to Political Parties Act 2011 hence cannot purport to sponsor a candidate.
Through lawyer lawyer Kwame Nkrumah, Judge Isaac Lenaola heard that the process adopted by JAP and the Registrar of Political Parties to effect the name, office bearers, party symbol and physical address of Jubilee Alliance Party amounted to abuse of the law.
The lawyer further told the court that the process was not in compliance with the Political Parties Act 2011, saying that failing to recognise the existence of the law, JAP cannot hold itself as a political party capable of nominating a candidate.
The judge certified the application as urgent and the directed that the same be served upon JAP, IEBC and Registrar of Political parties and the matter be fixed for hearing inter-parties on Wednesday this week.