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Jubilee’s nominated Senator Isaac Mwaura loses seat

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Jubilee’s nominated Senator Isaac Mwaura loses seat

Nominated Senator Isaac Mwaura has lost his Senatorial seat after Speaker Kenneth Lusaka gazetted his position.

In a gazette notice dated May, 10, 2021, Lusaka said the gazettement was in line with Article 98 (I) (d) of the constitution.

It is notified for the information of the general public that pursuant to article 103(I) (e) (i) of the constitution section 37 of the Elections Act, the seat of Member of the Senate …. held by Hon. Isaac Mwaura Maigua became vacant with effect from May 7, 2021,” read the notice.

Senator Mwaura last week suffered a blow when the Political Parties Disputes Tribunal upheld a decision of the ruling Jubilee Party to expel him on grounds of indiscipline.

The tribunal said the party followed due process in expelling the senator and the internal mechanisms were exhausted, hence the decision could not be faulted.

The ruling paved way for the Registrar of Political Parties to remove Mwaura’s name from membership of the party.

The Desma Nungo led tribunal refuted claims made by Mwaura that the party had not furnished him with the details of the charge leveled against him.

Mwaura in his defense argued that the party’s national disciplinary committee (NDC) only gave him a three-day notice to prepare for the hearing which was not adequate for him.

The embattled Senator complained that he was not provided with the decision of the National Disciplinary Committee (NDC) to expel him before it was submitted to the National Management Committee (NMC) for ratification.

He claimed there was no evidence to support the allegations made against him.

But Jubilee Sec General Raphael Tuju said the move to expel him was because of his disloyalty to the party and violating the party’s constitution by pledging allegiance to the United Democratic Alliance (UDA), a party linked to Deputy President William Ruto.

Remarks against Uhuru

Mr Mwaura’s troubles started in December last year following remarks he made against President Uhuru Kenyatta in Kwale during a homecoming ceremony for Msambweni MP Feisal Bader.

He was among six other senators who had been kicked out by the party’s top organ, the National Management Committee (NMC) over indiscipline.

He was summoned by the party for disciplinary proceedings which ended with an expulsion recommendation by the NMC.

The party’s national chairman Nelson Dzuya complained that the senator had been disloyal after he pledged allegiance to Uda, a party associated with Dr Ruto.

Tribunal ruling

Mr Mwaura rushed to the tribunal seeking to bar the Registrar of Political Parties from implementing Jubilee Party’s decision, pending the hearing of his case.

But the tribunal threw out the request.

In its ruling, the tribunal found that the party had followed due process in expelling the senator and its internal mechanisms had been exhausted, hence the decision cannot be faulted.

Feeling aggrieved, the senator went to court and obtained an injunction order halting his removal.

Now Mr Mwaura may move to court to challenge the expulsion and seek to have the execution of the Speaker’s decision overturned or plead his case with President Uhuru Kenyatta.

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