Court lifts orders political parties tribunal chair Muganda from assuming office

The court decision clears the way for him to assume office pending further directions from the High Court in Kiambu.

In a ruling delivered by Justice Wilfrida Musyoka, the court set aside the orders issued on July 8, 2026, after finding that they had been obtained without proper service of court documents on Muganda, who is the interested party in the case.

The judge held that there was no credible evidence showing that Muganda had been properly served before the court granted orders suspending his assumption of office. 

Justice Musyoka found that the applicant's claim that service had been affected through WhatsApp was not supported by the evidence presented, noting that the documents allegedly served differed from those filed in court.

The court ruled that the defective service denied Muganda an opportunity to be heard before the stay orders were issued, contrary to the principles of a fair hearing.

Justice Musyoka also questioned whether the High Court was the appropriate forum to determine the dispute, observing that the case challenges a recruitment and appointment process, matters that ordinarily fall within the jurisdiction of the Employment and Labour Relations Court (ELRC). 

Although the court did not strike out the proceedings for want of jurisdiction, it noted that judicial review proceedings of that nature should be handled by the ELRC.

The judge further expressed doubt over whether the applicant had the legal standing to institute the proceedings, finding that he had not demonstrated how he was personally affected by the recruitment process.

The court also found that the matter is sub judice because another case challenging the same recruitment and appointment process is already pending before the High Court in Kiambu.

To avoid conflicting decisions by courts of concurrent jurisdiction, Justice Musyoka ordered that Judicial Review Case No. HCJR/E216/2026 be transferred to the High Court in Kiambu, where it will be placed before the judge handling Constitutional Petition No. E056 of 2026 for directions on whether the two matters should be heard together.