High Court suspends Senator Mwaura’s ouster
Barely a day after Senate Speaker Kenneth Lusaka declared the seat occupied by Jubilee nominated Senator Isaac Mwaura vacant, the High Court in Nairobi ordered the reinstatement of the Senator.
“IT IS notified for the information of the general public that pursuant to Article 103 (1) (e) (i) of the Constitution and section 37 of the Elections Act, the seat of the Member of the Senate elected under Article 98 (1) (d) of the Constitution and held by Hon. Isaac Mwaura Maigua became vacant, with effect from the 7th May, 2021,” Lusaka stated in a gazette notice.
However, Justice Joseph Sergon gave interim orders on Tuesday, May 11 stopping Speaker Lusaka on acting on the decision made by the Political Parties Dispute Tribunal which upheld the verdict of the ruling Jubilee Party to expel the embattled legislator on grounds of indiscipline.
Mwaura had moved to court under a certificate of urgency through his lawyers Hillary Sigei and Elisha Ongoya seeking orders to quash the party’s decision which removed him from office and the party itself.
In his ruling, Justice Sergon ordered the Senate not to declare Mwaura's seat vacant until the case before him has been heard and decided.
"Pending the interpartes hearing of the motion dated May 11, 2021 an order for stay of further implementation of the Gazette Notice number 4597 Vol CXX11-102 dated and issued on May 10, 2021," Justice Sergon ruled barring Lusaka from declaring Mwaura's seat vacant.
To celebrate the decision by the High Court, Mwaura took to his Social Media page where he shared news of the new orders with his followers.
"There is a GOD in heaven. Those who wait upon HIM, are never put to shame as I have been granted an injunction.
"I respect all Govt leaders, and I will maintain political decorum at all times. All praises to the almighty GOD," Mwaura said.
He also sought orders to be reinstated back to the party register by the Registrar of Political Parties Ann Nderitu
Nderitu had removed Mwaura’s name from the list of Jubilee Party members.
In a letter addressed to the Jubilee Secretary General Raphael Tuju, the registrar said that she took the step pending the adoption and ratification of the same by the party’s National Executive Committee.
The registrar said that the decision is based on the Party Disciplinary Committee report and its decision dated February 6, 2021, the National Management Committee resolution that was reached on February 8, and the Political Parties Dispute Tribunal ruling that was made on March 26.
