UNLAWFUL

Court rules Isaac Mwaura's expulsion from Jubilee was illegal

Court says the national disciplinary committee processes were unlawful.

In Summary

• The court also came to the conclusion that the Jubilee party's national disciplinary committee processes and the decision that followed were unlawful.

• Justice Joseph Sergon said the Jubilee party's disciplinary proceedings which led to the expulsion of Mwaura from the party was not conducted in accordance with the law.

Senator Isaac Mwaura at Jubilee Party headquarters on February 4, 2021.
Senator Isaac Mwaura at Jubilee Party headquarters on February 4, 2021.
Image: ANDREW KASUKU

A decision by the Jubilee party that resulted in de-registering Senator Isaac Mwaura from the party has been quashed by the High Court.

Justice Joseph Sergon said the Jubilee party's disciplinary proceedings which led to the expulsion of Mwaura from the party was not conducted in accordance with the law.

The court also came to the conclusion that the Jubilee party's national disciplinary committee processes and the decision that followed were unlawful.

In May, Senate Speaker Kenneth Lusaka has defended the degazettement of Mwaura as a nominated senator and subsequent declaration of a vacancy in the seat.

In a communication to the House on Tuesday, Lusaka said he strictly followed the law in gazetting the vacancy following the removal of Mwaura’s name from the Jubilee Party membership list.

Lusaka said he received all the necessary documentation as provided for in law, adding that there was no court order that barred him from issuing the notice.

Mwaura's removal triggered a barrage of complaints with some senators accusing the speaker of ignoring a court order.

But the speaker insisted he had not been served with any court order and promised to issue a detailed communication on the events that preceded the publication of the gazette notice.

Edited by D Tarus