NAIROBI, Kenya, Jun 13 – Azimio La Umoja has written to Chief Justice Martha Koome seeking redress of an order barring Nominated MP Sabina Chege’s removal as Deputy Minority Whip.
In a letterpenned by Raila Odinga’s counsel Paul Mwangi, they cited non-inclusion and jurisdiction violation in the order National Assembly Speaker MosesWetangula cited while retaining Chege in the coveted slot.
The conservatory order was sought by the Association of Friends of Youth and Women which had filed acase in Kiambu High Court.
TheOpposition Coalition raised issues with the move arguing that the violationswere done in the National Assembly which is domained in Nairobi.
“Every case shall be instituted in the High Courtwithin whose jurisdiction the alleged violation took place,” the letter reads.
“In any event the petitioner is closer to the High Court inNairobi than that of Kiambu..despite the fact that Nairobi High Court was notonly the right place but it was actually closer,” he adds.
The Azimio Coalition cited non-inclusion in the petitionfiled when in essence it’s the decision to remove Chege emanated from thecoalition parliamentary group meeting.
The embattled Minority Whip was also not included in thepetition with Azimio Coalition saying it was aimed at circumventing thePolitical Parties Act which oust the jurisdiction of the High Court in partymatters until internal matters are exhausted.
“One would want to believe it’s an oversight on the part ofthe court but the matter of dewhipping of Sabina Chege is today an issue ofconsiderable public notoriety and it is very unlikely that any reasonablyinformed person would be unaware of it,”the letter read.
In his ruling over the issue, Speaker Wetangula indicated that hecannot effect the changes by the Azimio Coalition Parliamentary Group meetinggiven conservatory orders given on petition filed in Kiambu Court barring thechanges.
“I have ruled thatyou have procedurally followed every step, and I have no difficulty with yourdecision to remove your deputy whip, but there is a court order that strangelyyour party and coalition is not party to, I would advise that you seek to beenjoined,”Wetangula said.
“I am confronted bya court order that specifically cited both speaker and the house as parties toa judicial process that seems to challenge an administrative process,”he added.
Wetangula ruledthat the letter by Minority Leader seeking to have Chege replaced by EmbakasiWest MP Mark Mwenje will not take effect until the conservatory orders havebeen set aside.
“Until and unlessfurther information is provided that this court order has been varied or setside, the court order effectively suspends the decision by the minority partyon the replacement of Sabina Chege as the minority whip,”Wetangula said.
