Africa-Press – Kenya. Former nominated Senator Isaac Mwaura has been reinstated by the court.
In a ruling issued by the High Court on Thursday, November 25, the court set aside the determination of the Political Parties Disputes Tribunal that allowed the removal of Mwaura from the Senate.
The court, in its ruling, argued that the Tribunal did not offer the Senator fair hearing and hence the decision to strike him off the list of senators was wrong, unlawful and unjust.
The court also found the decision by the ruling Jubilee Party’s National Disciplinary Committee did not follow due process and was unlawful.
Justice J.K. Sergon further quashed a gazette notice replacing Mwaura in the Senate.
“The deregistration of the appellant by the Tribunal made on March 29, 2021 and the gazette notice dated May 10,2021 and the gazette notice dated May 11, 2021, issued by the Speaker of the Senate, Kenneth Lusaka and the Independent Electoral and Boundaries Commission (IEBC) respectively are hereby quashed and set aside hence are of no effect and cannot confer any rights. Costs of the appeal are given to the appellant (Mwaura),” read part of the ruling.
Justice Sergon stated that Jubilee’s party Tribunal proceedings failed to establish the manner in which Mwaura was disloyal to the party. Alluding to this, the judge affirmed that the Tribunal erred in its justification of removing Mwaura from the Senate.
“It is clear in my mind that Jubilee’s disciplinary proceedings which led to the expulsion of Mwaura from Jubilee Party was not conducted in accordance with the law,” the judge stated.
Among the many accusations faulted against Mwaura included advancing the political narratives of another party- the United Democratic Alliance (UDA) affiliated with Deputy President William Ruto.
This was, however, debunked by the judge who affirmed that there existed a coalition agreement between Jubilee party and UDA hence the politician did not commit any wrongdoing as argued by the disciplinary committee.
Mwaura was among a list of six senators who had been expelled over the alleged violation of the party’s constitution. Among them involved Millicent Omanga, Mary Seneta, Falhada Dekow, Naomi Waqo and the late Victor Prengei.
However, the Tribunal ordered the five senators to be reinstated, noting that the decision was unfair and unlawful.
Speaker Lusaka then gazetted Mwaura’s removal stating that the politician was disqualified as the member of the Senate representing persons with disabilities. IEBC later on gazetted former Samburu Senator Sammy Prisa Leshore as Mwaura’s replacement.