STAY OF EXECUTION

Reprieve for Mwaura as court stops expulsion from Jubilee

Judge Ong'udi said she had considered the application by the lawmaker and found it to be urgent.

In Summary
  • Ong'udi suspended the decision by the ruling  party to expel Mwaura pending hearing of the case filed by the senator.
  • It has emerged Mwaura's trouble is linked to his remarks in Kwale county on the eve of new year 2021 against President Uhuru Kenyatta’s family.
Senator Isaac Mwaura at the party's headquarters, Nairobi on February 4, 2021/ANDREW KASUKU
Senator Isaac Mwaura at the party's headquarters, Nairobi on February 4, 2021/ANDREW KASUKU

Nominated Senator Isaac Mwaura on Tuesday got a reprieve after the High Court in Nairobi slammed brakes on his expulsion from the Jubilee Party.

Justice Hedwig Ong'udi  temporarily suspended the decision by the ruling  party to expel Mwaura pending hearing of his case.

"There shall be a stay of execution of the impugned orders until hearing of the application," the order reads.

Judge Ong'udi said she had considered the application by Mwaura and found it to be urgent.

The court directed Mwaura to serve the Registrar of Political Parties and Jubilee Party with the suit as soon as possible. The case will be heard on April 15.

Even as Mwaura got a lifeline to continue serving, it has emerged that the genesis of trouble is linked to his remarks in Kwale county on the eve of the New Year against President Uhuru Kenyatta’s family.

Multiple sources around the President have told the Star that “he was upset with his remarks despite the President nominating him to Senate”.

It is reported that even during his meeting with leaders from the larger Mt Kenya region, Uhuru repeatedly expressed his anger at the nominated senator.

During the homecoming ceremony of Msambweni MP Feisal Bader attended by Deputy President William Ruto, Mwaura said the Kenyatta family and that of late former President Daniel Moi had dominated leadership and it was time to change.

Nominated MP Isaac Mwaura. FILE
Nominated MP Isaac Mwaura. FILE

“You (William Ruto) have helped us to liberate ourselves from those yokes. And I want to state from now henceforth, I have joined “Hustler nation”. I want to team up with my fellow young leaders,” he said amid cheers from the crowd.

“We cannot be ruled by the same kind of people. The Moi family ruled for 24 years, close to 25 years; Kenyatta family ruled for almost 15 years and now another almost 10 years now. That is almost 50 years and we are saying that is enough for them. We should forge a new front as young people. We are also born of our mothers.”

Last month, the party summoned the vocal senator over indiscipline after national chair Nelson Dzuya accused him of being disloyalty.

Dzuya had told the committee chaired by lawyer Muchai Lumatete that Mwaura had pledged allegiance United to Democratic Alliance, a party associated with Ruto and the hustler movement.

Ironically, UDA is a coalition partner of the ruling party and some party officials and members are on record supporting the agenda and candidates of rival parties such as ODM.

Mwaura had said that his woes have nothing to do with pledging alliance to UDA, but everything to do with supporting Ruto’s 2022 presidential bid.

He described the disciplinary process as a witch hunt and accused Lumatete's team of being hell-bent on expelling him. On Monday, Registrar of Political Parties Ann Nderitu struck out his name from the list of Jubilee Party members.

In a letter addressed to the JP 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.

Yesterday, Nderitu told the Star that she took the action after reading the JP constitution which empowers National Management Committee to act on behalf of NEC.

“Their constitution allows NMC to act on behalf of NEC . It’s resolution that is binding. The organ that made that decision had the right to arrive at that resolution,” she told the Star on the phone.

Edited by Henry Makori

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