The Azimio One Kenya Coalition has sought the intervention of Chief Justice Martha Koome to review an order by a Kiambu Court barring Nominated MP Sabina Chege’s removal as Deputy Minority Whip.
In a letter addressed to Koome by Raila Odinga’s principal counsel Paul Mwangi, they cited exclusion and jurisdiction violation in the order by National Assembly Speaker Moses Wetangula cited while retaining Sabina Wanjiru Chege in the position.
In line with Azimio, the Association of Friends of Youth and Women which had filed the case in Kiambu High Court in which the Conservatory Order was sought.
Azimio raised concern that the matter should clearly have been executed by a court in Nairobi, arguing that the violations were done in the National Assembly which is in Nairobi.
“Every case shall be instituted in the High Court within whose jurisdiction the alleged violation took place.” A letter seen by The Informer Media Group read in part.
“In any event the petitioner is closer to the High Court in Nairobi than that of Kiambu.” Mwangi submitted.
The Coalition lamented non-inclusion in the petition which they themselves filed through their MPs in the National Assembly.
Chege, too, was also not enjoined in the petition, a move Azimio says was aimed at circumventing the Political Parties Act which oust the jurisdiction of the High Court in party matters until internal matters are exhausted.
“One would want to believe it’s an oversight on the part of the court but the matter of dewhipping of Sabina Chege is today an issue of considerable public notoriety and it is very unlikely that any reasonably informed person would be unaware of it.” The letter says.
In his ruling over the issue, Speaker Wetangula had indicated that he couldn’t effect the changes by the Azimio Coalition Parliamentary Group meeting given conservatory orders given on petition filed in Kiambu Court barring the changes.
“I am confronted by a court order that specifically cited both speaker and the house as parties to a judicial process that seems to challenge an administrative process.” He added.
“Until and unless further information is provided that this court order has been varied or set aside, the court order effectively suspends the decision by the minority party on the replacement of Sabina Chege as the Minority Whip.” Wetangula said.
