Mwaura big win as court gives him back job
Former Nominated Senator Isaac Mwaura yesterday scored big after the High Court yesterday ordered his reinstatement.
Justice Joseph Sergon reinstated Mwaura after setting aside the determination of the Political Parties Disputes Tribunal, that allowed his removal from the Senate.
Mwaura was among six nominated senators who had been expelled for allegedly violating the Jubilee party’s constitution. Others included Millicent Omanga, Mary Seneta, Falhada Dekow, Naomi Waqo and the late Victor Prengei.
Mwaura had been nominated to the Senate by the Jubilee Party to represent persons with disabilities.
Justice Sergon noted that the tribunal did not offer the Senator fair hearing, rendering the decision to strike him off the list of senators wrong, unlawful and unjust.
The court also found that the decision by the 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 deregistration of the appellant by the Registrar of political parties 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 respectively are hereby quashed and set aside hence are of no effect and cannot confer any rights),” the judge ruled Justice Sergon stated that Jubilee’s tribunal proceedings failed to establish the manner in which Mwaura was disloyal to the party.
Justice Joseph Sergon reinstated Mwaura after setting aside the determination of the Political Parties Disputes Tribunal, that allowed his removal from the Senate.
Mwaura was among six nominated senators who had been expelled for allegedly violating the Jubilee party’s constitution. Others included Millicent Omanga, Mary Seneta, Falhada Dekow, Naomi Waqo and the late Victor Prengei.
Mwaura had been nominated to the Senate by the Jubilee Party to represent persons with disabilities.
Justice Sergon noted that the tribunal did not offer the Senator fair hearing, rendering the decision to strike him off the list of senators wrong, unlawful and unjust.
The court also found that the decision by the 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 deregistration of the appellant by the Registrar of political parties 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 respectively are hereby quashed and set aside hence are of no effect and cannot confer any rights),” the judge ruled Justice Sergon stated that Jubilee’s tribunal proceedings failed to establish the manner in which Mwaura was disloyal to the party.