Nairobi — In a letterpenned by Raila Odinga's counsel Paul Mwangi, they cited non-inclusion and jurisdiction violation in the order National Assembly Speaker Moses Wetangula 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 a case in Kiambu High Court.
The Opposition Coalition raised issues with the move arguing that the violations were done in the National Assembly which is domained in Nairobi.
"Every case shall be instituted in the High Court within whose jurisdiction the alleged violation took place," the letter reads.
"In any event the petitioner is closer to the High Court in Nairobi than that of Kiambu despite the fact that Nairobi High Court was not only the right place but it was actually closer," he adds.
The Azimio Coalition cited non-inclusion in the petition filed when in essence it's the decision to remove Chege emanated from the coalition parliamentary group meeting.
The embattled Minority Whip was also not included in the petition with Azimio Coalition saying it 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 read.
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In his ruling over the issue, Speaker Wetangula indicated that he cannot effect the changes by the Azimio Coalition Parliamentary Group meeting given conservatory orders given on petition filed in Kiambu Court barring the changes.
"I have ruled that you have procedurally followed every step, and I have no difficulty with your decision 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 been joined," Wetangula said.
"I am confronted by a 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 ruled that the letter by Minority Leader seeking to have Chege replaced by Embakasi West MP Mark Mwenje will not take effect until the conservatory orders have been set aside.
"Until and unless further information is provided that this court order has been varied or set side, the court order effectively suspends the decision by the minority party on the replacement of Sabina Chege as the minority whip," Wetangula said.
