NAIROBI, Kenya Nov 25 – The High Court has overturned a decision by the ruling Jubilee Party to expel and de-register nominated Senator Isaac Mwaura terming the action as illegal.
In his ruling, Judge Joseph Sergon faulted the party’s National Disciplinary Committee (NDC), saying hearings were not conducted in accordance with the law.
“This court is satisfied that the appellant was not accorded a fair hearing notwithstanding the fact that that the appellant did not apply for adjournment of the hearings of the disciplinary committee,” he ruled.
Consequently, Justice Sergon has directed that Mwaura who had appealed the party’s decision be reinstated as a Senator.
Until his expulsion, Mwaura who was nominated to represent Persons With Disabilities was also serving as a member in the Speaker’s panel.
“In the end, this appeal is found to meritorious. It is allowed,” the Judge said.
The Jubilee Party National Management Committee (NMC) expelled Mwaura in February alongside five other Senators on grounds of disciplinary violations.
The other Senators include: Seneta Mary Yiane, Waqo Naomi Jilo, Omanga Millicent, Prengei Victor and Iman Dekow. In May 2020, Senators Seneta, Waqo, Omanga, Prengei, Christine Zawadi were under fire after claims that they snubbed an invitation to a meeting at the State House without offering apologies.
The Jubilee Party NDC later sanctioned the expulsion and subsequent de-registration of Mwaura from the party.
Mwaura formally lost his seat in May 2021 after Senate Speaker Ken Lusaka declared his seat vacant through a gazette notice.
The Judge, in his ruling, quashed all the gazette notices in relation to the de-registration of Mwaura.
“This court has come to the conclusion that the Jubilee Party’s National Disciplinary Committee processes and the decision that follows was unlawful,” Judge Sergon said.
Mwaura who is now a close ally of Deputy President William Ruto and associates with his United Democratic Alliance (UDA) Party was largely accused of violating the Jubilee Party’s Constitution and contravening its code of conduct by straying from the party that sent him to parliament.
