UNLAWFUL

Court overturns Senator Mwaura's expulsion from Jubilee

Judge says he was not accorded a fair hearing and the tribunal erred

In Summary

• " The Jubilee party’s National Disciplinary Committee processes and the decision that followed was unlawful,” he said.

• On February, Jubilee begun disciplinary proceedings against Mwaura on grounds that he had violated the party constitution and for contravening the code of conduct.

Senator Isaac Mwaura at Jubilee Party headquarters on February 4.
UNLAWFULL PROCESS: Senator Isaac Mwaura at Jubilee Party headquarters on February 4.
Image: ANDREW KASUKU

The High Court has quashed a decision by the Registrar of Political Parties to deregister nominated Senator Isaac Mwaura from Jubilee Party.

Justice Joseph Sergon on Thursday said a careful perusal of the Political Parties Disputes Tribunal proceedings shows the party failed to establish the manner in which Mwaura was disloyal to the party.

The tribunal, he said, made a mistake when it held that the party was justified to discipline Mwaura.

“The party’s disciplinary proceedings, which led to the expulsion of Mwaura from the party, was not conducted in accordance with the law.

" The Jubilee Party’s National Disciplinary Committee processes and the decision that followed was unlawful,” he said.  

The court subsequently set aside the decision of the Tribunal and substituted it with an order allowing Mwaura’s complaint.

On February, Jubilee Party commenced disciplinary proceedings against Mwaura on grounds that he had violated the party constitution and for contravening the code of conduct.

The National Disciplinary Committee after hearing the parties resolved to have Mwaura suspended for six months from the party’s membership.

The party’s National Management Committee acting on behalf of the National Executive Committee reviewed the NDC decision and substituted it with that of expulsion.  

Mwaura aggrieved by the decision of NMC filed a complaint before the PPDT. The tribunal dismissed his complaint. Aggrieved by the tribunals dismissal order, Mwaura preferred the appeal at the High Court.

He argued that the tribunal erred in law and fact having found that the complainant was granted a fair hearing.

He also argued that the tribunal failed to find and hold that the charges against him were not justified and that he was discriminated against in the entire disciplinary process.

Sergon said Mwaura was not accorded a fair hearing and that the Tribunal erred when it held that Mwaura was granted a fair hearing.

He was persuaded by Mwaura's argument that the party selectively conducted disciplinary proceedings against him for associating himself with another political party.

Mwaura had been accused of advancing the policies of another political party namely UDA.

The proceedings further indicate that some members of the party namely Sakaja Johnson and Maina Kamanda supported the ODM candidate in the Kibera by-election yet they were not summoned to undergo any disciplinary.

“The tribunal therefore made a mistake when it held that Mwaura was not discriminated in the entire disciplinary process.

Mwaura did not need to tender further evidence to establish discrimination since the evidence of the party's SG was sufficient to establish the allegation of discrimination,” the judge said.

Mwaura had sued Jubilee Party, Registrar of Political Parties, Speaker of the Senate Kenneth Lusaka and the Independent Electoral and Boundaries Commission.

(Edited by Bilha Makokha)