Speaker Ken Lusaka announces Isaac Mwaura’s comeback to the Senate

Senator Isaac Mwaura at Parliament buildings, Nairobi. [Elvis Ogina, Standard]

Nominated Senator Isaac Mwaura is back to the Senate after Speaker Kenneth Lusaka announced his reinstatement today.

In a statement seen by The Standard, the Senator thanked the courts for exercising democracy after the ruling party had expelled him in an “unprocedural manner.”

“I decided to move to court because of the fact that my rights as provided for in our Constitution had been infringed. What followed was a long legal battle that has lasted for seven months. The resultant gazette notices and the purported replacement have since been quashed and can therefore not confer any rights. They have been declared null and void.  This to me is the true test of our parliamentary democracy,” he said.

Mwaura’s seat had, on May 10 this year, been declared vacant by the Speaker after Jubilee, the political party that sponsored him to Senate, expelled him over alleged indiscipline.

The Political Parties Disputes Tribunal had found Mwaura in contravention of the Jubilee Party Constitution, paving way for his removal.

Jubilee, through its Secretary-General Raphael Tuju, had written the expulsion notice on February 8, 2021.

Mwaura, however, challenged his dismissal in court, saying that the tribunal erred in ratifying Jubilee’s decision.

Justice Joseph Sergon, consequently, agreed with Mwaura – that the lawmaker’s ejection was not procedural.

In a ruling delivered on November 26, the judge said Jubilee Party’s National Disciplinary Committee processes that led to Mwaura’s expulsion were unlawful and a violation of his rights.

“It is clear in my mind that the party’s disciplinary proceedings, which led to his expulsion were not conducted in accordance with the law. It is the reason why the Gazette Notice issued by the Registrar of Political Parties to confirm the expulsion cannot stand,” stated Justice Sergon.

Following the ruling, Senate Speaker Kenneth Lusaka, in a communication dated December 1, announced the reinstatement of Senator Mwaura to his position.

“The High Court quashed the Gazette Notice No. 4597 by the Speaker of the Senate, which declared a vacancy of a member through party list, thereby removing Senator Isaac Mwaura as a Senator. Further, the High Court having quashed Gazette Notice No. 4598 dated May 11, 2021, by the chairperson of the IEBC, which appointed Sammy Leshore to replace Senator Mwaura as the Senator representing persons with disabilities, I therefore direct that Senator Isaac Mwaura remains a Senator in accordance with the Constitution of Kenya,” said Lusaka.

Mwaura had been expelled from Jubilee Party for supporting the ideology of another party, the United Democratic Alliance, which is linked to Deputy President William Ruto, and replaced by former Samburu Senator Sammy Leshore.

He was expelled in February alongside five other nominated senators; Mary Seneta, Naomi Waqo, Millicent Omanga, Victor Prengei (deceased), and Iman Dekow.

Mwaura was nominated to the Senate after Jubilee won a second term in the 2017 General Election.