Nairobi — The High Court has dismissed a petition challenging Azimio coalition's decision to replace Sabina Chege as the National Assembly Deputy Minority Whip.
The Jeremiah Kioni-allied faction of the Jubilee Party, which sponsored Chege's nomination, said it will insist on the enforcement of the verdict in the House.
Chege had filed a petition at a Kiambu court contesting Azimio's decision to replace her with Embakasi West Member of Parliament Mark Muriithi Mwenje.
Jubilee Party, an Azimio affiliate party, challenged Speaker Moses Wetangula to ratify the decision and allow Mwenje to serve.
Chege had moved to court in July challenging a her suspension following the emergence of a rival faction of the former ruling party led by Kanini Kega as Secretary General and herself as Party Leader.
Jubilee turmoil
This follows when Chege filed a lawsuit on July 12 asking for the suspension of her dismissal from the position as Deputy Minority Whip.
"Pending hearing and determination of the case, the Honorable Court be pleased to issue such further or other order(s) as it may deem just and expedient for the end of justice," lawyer Dennis Kivuti petitioned the court.
Chege asserted in the affidavit that the decision to remove her was made in an obviously malicious manner and that she was unaware of the decision.
"If there was such a decision to remove me, the process was unlawful, unconstitutional, un-procedural, inconsistent, contradictory, and ultra vires the provision and procedure of the law," she said.
Azimio Parliamentary Group resolved to have Mwenje replace Chege as the House Minority Deputy Whip on May 30.
The move to replace Chege, who had shifted her allegiance to President William Ruto's Kenya Kwanza alliance, came amid internal party wrangles that so retired President Uhuru Kenyatta loyalists evicted from leadership slots.
National Assembly Minority Leader Opiyo Wandayi said the resolution to replace Chege was backed by 130 Azimio members, including party leaders.
Wandayi argued the move aligned with the resolutions made by Azimio's affiliate party, Jubilee, regarding changes in party leadership.
"In furtherance of those resolutions by Jubilee NDC, Azimio has today (Tuesday) settled on Hon Mark Mwenje, the MP for Embakasi West as the Deputy Minority Whip of the National Assembly. Mwenje will be taking up the position that was left vacant upon the removal of Sabina Chege about a month ago," Wandayi said.
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Wetangula hands tied
When prompted to rule on the matter, Speaker Wetangula indicated that he could not effect the changes by the Azimio Coalition Parliamentary Group meeting given conservatory orders by a court in Kiambu.
"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 strangely your 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 to a 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.
