Tribunal upholds Isaac Mwaura’s expulsion from Jubilee Party
The Political Parties Disputes Tribunal has upheld a decision of the ruling Jubilee Party to expel nominated Senator Isaac Mwaura on grounds of indiscipline.
The tribunal chaired by Desma Nungo found that the party had followed due process in expelling the senator and the internal mechanisms were exhausted, hence the decision cannot be faulted.
The ruling paves way for the Registrar of Political Parties to remove Mr Mwaura's name from membership of the party unless the party leader -President Uhuru Kenyatta- intervenes and pardon him.
Mr Mwaura may also move to court to challenge the expulsion and seek to have the execution of tribunal's ruling and the party's decision stayed.
The tribunal dismissed Mr Mwaura's claims that the party had not furnished him with the details of the charge leveled against him.
In his complaint, Mr Mwaura had said the party's national disciplinary committee (NDC) failed to give him adequate time to prepare for the hearing. He said he was give three days’ notice.
He also 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. Members of NMC include Lucy Macharia, Marete Marangu, Walter Nyambati and Jane Nampaso.
Mr Mwaura further contended that there was no evidence to support the allegations made against him. He was accused of being disloyal to the party and violating the party’s constitution by pledging allegiance to the United Democratic Alliance (UDA).
But evidence tabled by Jubilee demonstrated that the senator was heard and was given opportunity to rebut the claims levelled against him.
The tribunal found there was compliance with laws regarding disciplinary proceedings.
When he appeared before the tribunal to defend Mr Mwaura's expulsion, Jubilee Secretary-General Raphael Tuju said the nominated senator violated the party’s constitution and membership oath by describing it as a dead party and shifting loyalty to UDA.
He said Jubilee does not have an operational cooperation agreement with UDA, which is associated with Deputy President William Ruto.
“Mwaura and others infringed the Jubilee party constitution and were not apologetic. They went on to be rude and called the party dead. It is amazing to call it dead and continue to stick with it. There are other Kenyans living with serious disabilities and are qualified to hold the position. Disciplinary (action) is the bare minimum we could do," said Mr Tuju.
He told the tribunal that Jubilee MPs pledging allegiance to UDA have since turned hostile to the ruling party in and outside parliament.
He cited Nakuru's London Ward by-election where Jubilee lost to UDA.
"It is dishonest to say we are in the same coalition (with UDA). It is a hostile coalition... now hostile in parliament. It cannot be allowed to continue," said Mr Tuju.
He described as misrepresentation of facts a statement by Senator Mwaura that being allied to UDA is not wrong as it has coalition agreement with Jubilee.
