Sometimes we just need to step back and look at what we have done or said to realise how out of step and wrong it is without anyone telling us.
Former Jubilee nominated Senator Isaac Mwaura should be the first one to recognise and admit one cannot trash his or her party or its leaders, pally and chest thumb with another political outfits whose interests are antithetical to his or her own party and expect no consequences. That just cannot be.
Mwaura was specifically accused of advancing the ideologies of United Democratic Alliance, which is associated with DP William Ruto, alongside other Tangatanga MPs. It is not even a case of “if” that was true, but it is an undisputable fact that Mwaura did engage in this flagrant insubordination.
That being true, his expulsion from the Jubilee Party can’t be anything other than what the doctor ordered. Mwaura is not the only one Jubilee seeks to expel over insubordination and gross misconduct. Others are senators Mary Seneta, Falhada Dekow Iman, Naomi Jillo Waqo, Victor Prengei, Millicent Omanga and Christine Gona.
These politicians, who are allies of Ruto, were expelled by the National Management Committee after considering the reports submitted by the party disciplinary committee.
While the axe has yet to fall on the other renegade politicians, it is now inevitable and is only a matter of time before they, too, are shown the door.
Mwaura is a test case as to whether parties can whip this level of discipline under both their charters and our constitution.
Senate Speaker Ken Lusaka has already declared Mwaura’s seat vacant.
Interestingly, senator after senator rose to speak against the formal sealing of Mwaura’s fate, which Speaker Lusaka said was done in consultation with Senate lawyers.
There were two arguments advanced for the spirited opposition to Mwaura losing his seat: There were those arguing due process and respect of court orders on the one hand, and mostly Tangatanga senators who sought and pleaded for the “protection” of one of their own as “next time it could be anyone of us” as one of them put it.
The due process argument is moot or is at least on thin ice because Mwaura was accorded due process. I know or can say this because that is what the Political Parties Tribunal concluded in dismissing Mwaura’s efforts to pave off the inevitable.
Respecting court orders is a whole different issue that may yet be resolved. As Senior Counsel Senator James Orengo noted, Parliament must decide whether to honour court orders or not, and not to pick and choose which orders to obey, and which ones not to.
In principle, all court orders must be obeyed. It should not matter whether the orders are against an individual, the government, including Parliament and the Executive.
However, asking whether court orders should be obeyed is asking the wrong question.
The question should be, should the courts be issuing some of these orders to begin with?
A compelling case can be made that when such as in this case an individual has been given ample opportunity to make their case before a party disciplinary organ, and before the Political Parties Tribunal and failed to avert the discipline meted by the party, the courts should stay clear of that outcome.
I distinguish this situation from all other cases because party rules would be rendered useless if one can flaunt them and run to the courts to seek protection against suffering the consequences.
Jubilee—and all other major parties — has laid down their rules to be a member and all say you must tow the party line or ship out. This is not an uncommon as all parties in more advanced democracies have similar tough stances against party indiscipline.
If we are to rise to their level where political discourse in the country is governed by party ideology, not tribalism, we must start with strengthening parties and discipline is at the top of what needs to be done in that regard.
Samuel Omwenga is a legal analyst and political commentator
