Three Jubilee MCAs who had been suspended by the party have been fully reinstated back at the county assembly as legislators resumed their sittings last week.
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.
The party had also suspended them from all county assembly committees for six months.
However, in March Political Parties Disputes Tribunal chairman Desma Nungo said the alleged suspensions were contrary to the provisions of the law.
Last week, Speaker Benson Mutura directed the three MCAs be reinstated back at the assembly.
“Having perused the Appeals and the sanctions meted therewith and taking into context the time served in the suspension, I am inclined to advise that the privileges attendant thereto to Anne Thumbi, Sylvia Museiya and Millicent Jagero are reinstated with immediate effect,” he directed.
Mutura said the application of these sanctions are aligned with the provisions of Article 50 of the Constitution
It provides that every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or if appropriate another independent and impartial tribunal or body in this case being the county assembly and its mechanisms under the law and the Standing orders.
For the avoidance of doubt, the Speaker said the three immediately resume their service to the House and its committees and all their pecuniary benefits restored.
The assembly relevant offices were also instructed to take the necessary action to effect this communication.
Last year, Jubilee Party’s National Disciplinary Committee chaired by Muchai Lumatete said it had found the members guilty of all the charges raised against them.
Political Parties Disputes Tribunal however 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 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 Kiilu Damaris
