ILLEGAL

Tribunal quashes Jubilee party suspension of three city MCAs

Ann Thumbi, Sylvia Museiya and Millicent Jagero were all suspended last year for undermining the party

In Summary

Jubilee Party has been restrained  from implementing the decision to suspend the three MCAs

Jubilee Party headquarters in Pangani, Nairobi
Jubilee Party headquarters in Pangani, Nairobi
Image: DOUGLAS OKIDDY

 

Three Jubilee MCAs who were last year suspended by the party now have a reason to smile after the Political Parties Dispute Tribunal overturned the decision.

Nairobi MCAs Ann Thumbi, Sylvia Museiya and Millicent Jagero were suspended in November last year for undermining the party and going against its position on the 2020-21 budget.

Jubilee Party’s National Disciplinary Committee chaired by Muchai Lumatete said it had found the members guilty of all the charges raised against them.

“We have heard the complaints referred to this committee by the chairman of the party on November 23, 2020, and considered the facts as stated together with documents relied on in evidence by all parties and submissions made by the counsel appearing for the charged members,” Lumatete said after reading out the suspension of the county lawmakers.

However, the political parties dispute tribunal last month ruled that the suspensions were unlawful and had no legal effect.

The MCAs filed their complaint with the tribunal on December 10, 2020. It was supported by an affidavit sworn by Thumbi on her behalf that of her colleagues.

The party had also suspended the MCAs from all county assembly committees for six months.

Political Parties Disputes Tribunal chairman Desma Nungo said the alleged suspensions were contrary to the provisions of the law.

He said the procedure applied by the Jubilee Party to suspend the MCAs did not follow the laid down process in the constituting law.

The MCAs were unfairly treated in the process that led to the impugned decision, he said.

The tribunal consequently restrained the party from implementing the decision to suspend the three.

“A declaration be and is hereby issued that the ratification of the decision of the disciplinary committee to suspend the complaints from the Jubilee Party and all committees of the county assembly of Nairobi in which they are members is unlawful and had no legal effect,” Nungo said.

The tribunal also ruled that the costs of the petition be borne by the party and the interested parties.

Jubilee secretary-general Raphel Tuju, chairman Nelson Dzuya and Nairobi county assembly speaker Benson Mutura were all listed as interested parties.

The tribunal also ruled that the disciplinary proceedings by the Jubilee party against the MCAs were unprocedural and violated the law.

 

Edited by P.O