The court has reinstated former nominated Senator Isaac Mwaura.
The High Court overturned the decision of the Political Parties Disputes Tribunal that permitted Mwaura to be removed from the Senate in a verdict announced on Thursday, November 25.
In its judgement, the court argued that the Tribunal did not provide the Senator with a fair hearing, and hence the decision to remove him from the Senate list was incorrect, unconstitutional, and unjust.
The ruling Jubilee Party’s National Disciplinary Committee’s judgment was also deemed to be unconstitutional since it did not follow due process.
Jubilee’s party Tribunal procedures, according to Justice Sergon, failed to prove the manner in which Mwaura was unfaithful to the party. The judge alluded to this when he stated that the Tribunal erred in justifying Mwaura’s removal from the Senate
The judge ruled, “It is evident in my judgment that Jubilee’s disciplinary proceedings leading to Mwaura’s removal from Jubilee Party were not conducted in conformity with the law.”
Advancing the political narratives of another party, the United Democratic Alliance (UDA), linked with Deputy President William Ruto, was one of the many charges levelled against Mwaura.
The judge, however, refuted this, stating that there was a coalition agreement between the Jubilee party and the United Democratic Alliance, and so the politician did not commit any infraction as claimed by the disciplinary committee.
