The High Court has quashed the move to deregister former nominated Senator Isaac Mwaura from Jubilee Party.
Justice Joseph Sergon found the deregistration illegal ruling that the decision was not conducted in accordance with the law
In May, Mwaura lost his seat as the party made threats to tighten the noose on party discipline and loyalty.
Mwaura had openly declared allegiance to the Tangatanga wing allied to the Deputy President William Ruto that has since morphed to United Democratic Alliance (UDA) political outfit.
Senate Speaker Kenneth Lusaka declared the seat previously occupied by Mwaura vacant in a gazette notice.
“It is notified for the information of the public that pursuant to Article103 (1) (e) (i) of the Constitution and section 37 of the Elections Act, the seat of the Member of the Senate elected under Article 98 (1) (d) of the Constitution and held by Hon. Isaac Mwaura Maigua became vacant, with effect from the 7th May, 2021,” the notice read.
In late March, the High Court in Nairobi temporarily stopped Mwaura’s expulsion after he moved to court to challenge the ouster which was pegged on grounds of disciplinary violations.
“That pending the hearing and determination of this application inter partes, the first respondent, 2nd respondent, the Independent Electoral and Boundaries Commission (IEBC) and the Speaker of the Senate be and hereby barred from implementing the decision of the 1st and 2nd respondent,” the ruling reads.
In a gazette notice dated May 11, the Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati said Mwaura stood disqualified as a member of the senate representing persons with disabilities.