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{
    "id": 1072838,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1072838/?format=api",
    "text_counter": 12,
    "type": "speech",
    "speaker_name": "Hon. Lusaka",
    "speaker_title": "The Speaker",
    "speaker": null,
    "content": "Based on this confirmation vide letter Ref: RRP/FRP/027.VOL.III (31) dated 10th May, 2021, I proceeded to issue a Gazette Notice No. 4797 dated 10th May, 2021 declaring a vacancy in the Senate for a seat of a member elected under Article 98(1) (d) of the Constitution and held by Hon. Isaac Mwaura Maigua effective 7th May, 2021. I further proceeded and communicated to the Senate this occurrence of a vacancy at its sitting held on Tuesday, 11th May, 2021 at 2:30 p.m. Hon. Senators, the events leading to the issuance of the declaration dates back to March, 2021. Thus, on 29th March, 2021, the Office of the Clerk of the Senate received a letter dated 26th March, 2021, from the Secretary-General of the Jubilee Party requesting for the declaration of a vacancy of the seat held by Hon. Isaac Mwaura Maigua and calling our attention to the ruling of the Political Parties Disputes Tribunal dismissing the application for stay of the decision for expulsion. The order of the Political Parties Disputes Tribunal regards to an application for conservatory orders based on a Notice of Motion dated 9th February, 2021 filed by Hon. Isaac Mwaura Maigua. In the notice of Motion, Hon. Isaac Mwaura sought orders that- “Pending hearing and determination of the complaint herein, the 1st and 2nd Respondents be and are hereby restrained from implementing the impugned decision of the 1st Respondent, expelling the applicant from the Jubilee Party (the 1st Respondent)”. In considering the application for conservatory orders, the Tribunal noted that- “Both the complainant and the 1st Respondent had maintained a justiciable claim against each other for breach of various laws. Both parties have raised contentions, which require consideration on merit and are not liable to be rejected summarily. The case could go either way subject to evidentiary material that can only be analyzed conclusively after a substantive hearing.” The Tribunal further noted that- “The claimant’s primary concern at this stage would be the preservation of the subject matter of the complaint. The court further noted that the 2nd Respondent at paragraph 10 of its Replying Affidavit and further during the hearing of the application, submitted to the authority of the Tribunal and the value of the rule of law, and stated that they would await the outcome of these proceedings before any further action. There is thus no demonstrated threat of conclusive implementation of the 1st Respondent’s decision during the pendency of these proceedings”. On the basis of the foregoing, the Tribunal dismissed the notice of Motion and directed the parties to take directions on priority hearing of the substantive complaint on merit. Hon. Isaac Mwaura Maigua being dissatisfied with the ruling and orders of the Tribunal, appealed to the High Court. In this respect, therefore, the Speaker of the Senate was in receipt of an order of the High Court in Civil Appeal No. E167 of 2021 (Hon. Isaac Mwaura Maigua vs Jubilee Party and Another), in which the court, inter alia, ordered a stay of execution of the impugned orders of the Tribunal and further that- “Pending the hearing and determination of the application inter parties, the 1st Respondent, 2nd Respondent, the Independent Electoral and Boundaries Commission"
}