Jubilee’s nominated Senator Isaac Mwaura loses seat

Nominated Senator Isaac Mwaura has lost his seat in the Senate, four days after the Political Parties Dispute Tribunal (PPDT) upheld his ejection from the ruling Jubilee Party.

This is after Speaker Kenneth Lusaka, in a gazette notice dated May 10, 2021, declared the seat vacant.

In the notice, Speaker Lusaka said Mr Mwaura had ceased being a senator from May 7, the same day that the tribunal upheld his expulsion.

“It is notified to the general public that the seat of member of senate held by Mr Mwaura became vacant with effect from May 7, 2021,” Mr Lusaka said.

Jubilee, which is divided between the forces that support President Uhuru Kenyatta and those supporting his deputy William Ruto, accused the senator of having violated the party’s constitution and membership oath by describing it as a dead party and shifting his loyalty to the United Democratic Alliance (Uda).

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 Kenyatta.