• Fiu Nifiu (Karura Ward), Robert Mbatia (Kariobangi South) and Mary Wanjiru Kariuki were issued discharge letters on April 24.
• They said they were unfairly, unlawfully and unprocedurally removed from the County Legislature’s committees in breach of section 14 of the County Governments Act.
Image: FILE
The Political Parties Dispute Tribunal has stopped the removal of two Jubilee and one nominated MCA from committees of the Nairobi County Assembly pending the hearing and determination of an appeal they have filed.
Fiu Nifiu (Karura Ward), Robert Mbatia (Kariobangi South) and Mary Wanjiru Kariuki (nominated) were issued with notices of discharge from committees by Majority by the Jubilee Party Majority Chief Whip on April 24 for working and voting against the Azimio la Umoja One Kenya Coalition.
Their removal followed a letter to the House by besieged Jubilee Party Jeremiah Kioni on April 20.
Nifiu was kicked out of four committees; Public Investments Committee, Environment and Natural Resources Committee as the vice-chair, Labour and Social Services Committee and the Planning and Housing Committee .
Mbatia was ousted from three; Finance, Budget and Appropriations Committee, Water and Sanitation Committee and Early Childhood and Vocational Training Committee.
Kariuki was removed as the vice chair of the Labour and Social Services Committee as well as the Culture Committee and Public Accounts Committee.
But in its ruling on December 4, the Political Parties Dispute Tribunal issued conservatory orders for the three to be reinstated in their respective committees pending the mention of their appeal case on December 15.
"That pending the hearing and determination of the application herein, a conservatory order be and is hereby issued restraining the respondents from discharging or purporting to discharge the complainants from Committees of the County Assembly of Nairobi," PPDT presiding member Willy Mutubwa said.
The court further stopped the County Assembly of Nairobi and the Majority Chief Whip of the assembly from receiving any communication from the Jubilee, Azimio coalition or Kioni in regards to the removal of the three from their respective committees.
"That pending the hearing and determination of the application and the outcome of any internal disciplinary proceedings against the applicants, an order of this honourable tribunal do issued directing the 2nd respondent (Nairobi County Assembly) to ensure reinstatement of the complainants to the appointed committees with full benefits and to the leadership positions held therein," Mutubwa added.
In their application filed by Murimi Karani & Company Advocates, the ward reps said they were unfairly, unlawfully and unprocedurally discharged from the County Legislature’s committees in breach of section 14 of the County Governments Act.
"The Complainants were never issued with show cause letters neither have they been subjected to any disciplinary proceedings with an opportunity to be heard on the allegations posed which is a clear violation of their constitutionally guaranteed rights to fair administrative action and fair hearing," lawyer Karani said.
The complainants further argued that disciplinary action of the nature of discharge from committees should be subject to the Party’s National Disciplinary Committee and Internal Dispute Resolution Mechanisms (IDRM) in accordance with the Jubilee Constitution.
"Further, the measures from the party should have been subjected to Internal Dispute Resolution Mechanisms within the Coalition as per the deed of agreement establishing the Majority Party of the County Assembly," Karani said.
"We reckon that none of these organs were activated on the matter and none of the Complainants has been afforded an opportunity to defend themselves from the allegations therein."
The lawyer further pointed out that the three were kicked out of their committee posts for associating with the ruling Kenya Kwanza government but that has since been overcome by events since Azimio leader Raila Odinga entered bipartisan talks with the government.
"It is quite ironical that the Complainants/Applicants would be deprived of their legal right as members of a county assembly on the premise of doing that which their leaders have been doing openly," the lawyer said.
"Unless the Court intervenes and grants the conservatory Orders sought in the application herein, the Complainants/Applicants continue to suffer irreparable harm that cannot be compensated in monetary terms," he added.
The tribunal agreed with the argument and granted prayers 3, 4 and 5 sought by the applicants pending interparty hearing of the matter.
Mutubwa said the matter will be mentioned virtually on December 15 at noon for further directions.
He ordered the suit papers to be served to the respondents immediately.