Jubilee Party has been blocked from removing from parliamentary committees four MPs who defied President Uhuru Kenyatta and his deputy William Ruto.
The High Court in Nairobi temporarily blocked the National Assembly from removing the four MPs who were de-whipped by the party for defying a party position on election of committee leadership.
High Court Judge John Mativo gave the orders in the case by MPs Kangogo Bowen (Marakwet East), Alfred Keter (Nandi Hills), Silas Tiren (Moiben) and James Mwangi (Embakasi North).
The decision is a major setback to the ruling party as it means that the defiant lawmakers have had their way against their party leaders and will operate as committee chairs until the case is heard and determined.
In the case, the four MPs claim it is their right to vie for the various seats and that they were never heard by the ruling party before a decision was taken.
They termed the decision by the Majority Whip Benjamin Washiali as unfair and illegal.
According to their lawyer Frank Walukwe, their party leaders, Uhuru and Ruto, cannot dictate who is to be elected in the committees and who ought to stay away.
Mr Keter won Labour and Social Welfare Committee chairmanship while Mr Tiren took the Agriculture and Livestock Committee.
Mr Bowen is the chairman of Environmental and Natural Resources Committee whereas Mr Mwangi is Parliamentary Broadcasting and Library Committee chairman.
They filed the case against the majority whip, Majority Leader Aden Duale and National Assembly Speaker Justin Muturi.
“The only reason why there is intent to discharge the ex-parte applicants from their departmental committees is because they expressed interest to chair the various committees, actions which cannot be concluded to have been contrary to party position,” the court heard.
The four lawmakers were punished for defying President Kenyatta and Ruto's directive that all Jubilee MPs support a preferred line-up for House committees.
Keter and Bowen defeated Ali Wario and Sofia Abdi who had been endorsed to chair Labour and Social Welfare and Environment committees.
In court, they argued that Jubilee internal processes to discipline those who go against the party were never followed.
Justice Mativo heard that the four had been accepted by MPs from both political sides.
They told the court that a special Parliament session be called within 14 days in order to discharge them.
