Mwaura ruling: Are courts confused?

• Dec 1, 2021

The ground has been set for Isaac Mwaura to continue abusing President Uhuru Kenyatta after Senate Speaker Kenneth Lusaka readmitted him to the House following a court ruling that nullified his expulsion from the Jubilee Party.

Mwaura, who has already declared he left Jubilee for Deputy President William Ruto’s United Democratic Alliance (UDA) had lost his seat as a nominated senator after the ruling party expunged his name from the party membership list.

The political party dispute tribunal later affirmed the party's decision.

But Mwaura moved to the High Court where he secured favourable ruling.

While readmitting Mwaura to the house on Wednesday, Lusaka said he was obligated by the court decision to allow him back to the Senate.

"The High Court having quashed Gazette notice number 4597 by the Speaker of the Senate that declared a vacancy of a member elected through a party list, thereby removing senator (Dr) Isaac Mwaura as a senator," Lusaka said.

"....and further the High Court having quashed gazette notice no. 4598 dated May 11, 2021, by the chairperson of IEBC which appointed Mr Sammy Prisa Leshore to replace Isaac Mwaura as a member of the senate representing PWDs, I therefore direct that Isaac Mwaura Maigua, CBS, MP, remains as Senator in accordance with the Constitution of Kenya and the Senate Standing Orders," the speaker said.

To further throw mud on Uhuru, Mwaura was escorted to the chamber by Deputy President's allies.

They were Naomi Waqo (nominated), Falhada Iman (nominated) and Christopher Langat (Bomet).

Jubilee had already nominated Sammy Leshore to replace Mwaura.

However, Leshome was not sworn in on the strength of a court order that stopped his oath-taking.

The High Court last week quashed a decision by the Registrar of Political Parties to deregister nominated Senator Isaac Mwaura from the Jubilee Party.

Justice Joseph Sergon on Thursday said a careful perusal of the Political Parties Disputes Tribunal proceedings shows the party failed to establish the manner in which Mwaura was disloyal to the party.

The tribunal, he said, made a mistake when it held that the party was justified to discipline Mwaura.

The court subsequently set aside the decision of the Tribunal and substituted it with an order allowing Mwaura’s complaint.

In February, Jubilee Party commenced disciplinary proceedings against Mwaura on grounds that he had violated the party constitution and contravened the code of conduct.

The National Disciplinary Committee after hearing the parties resolved to have Mwaura suspended for six months from the party’s membership.

The party’s National Management Committee acting on behalf of the National Executive Committee reviewed the NDC decision and substituted it with that of expulsion.