BY NAMULONGO PETER,NAIROBI,1ST DEC,2021-Senate Speaker Kenneth Lusaka has admitted Isaac Mwaura back to Senate following a decision by the High Court ruling that quashed his removal from the Jubilee Party.
Mwaura lost his seat after the Political Party Disputes Tribunal affirmed Jubilee Party’s decision to strike his name out of the party membership list.
He later obtained orders barring Senate Speaker from declaring his seat vacant pending hearing and determination of his petition challenging his expulsion from the ruling party.
Jubilee Party had replaced Mwaura with former Samburu Senator Sammy Leshore.
While readmitting Isaac Mwaura, Speaker Lusaka in a communication Wednesday said his role in this matter was to abide by the decision of the High Court.
“The High Court having quashed Gazette Notice No. 4597 by the Speaker of the Senate which declared a vacancy of a member elected by a party-list thereby removing Sen Mwaura as a Senator,” adding, “and further the High Court having quashed Gazette Notice No. 4598 dated 11th May 2021 by the chairperson of IEBC which appointed Samuel Leshore to replace Sen Mwaura as a member of the Senate representing persons with disability, I, therefore, direct that Sen Mwaura remains a Senator in accordance with the Constitution of Kenya and the Senate Standing Orders.
Last week, Justice Sergon in his 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 Sergon further quashed a gazette notice replacing Mwaura in the Senate.
The Judge 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.