Entry Instance

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{
    "id": 1072840,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1072840/?format=api",
    "text_counter": 14,
    "type": "speech",
    "speaker_name": "Hon. Lusaka",
    "speaker_title": "The Speaker",
    "speaker": null,
    "content": "(IEBC), and the Speaker of the Senate, be barred from further implementing the decision of the 1st and 2nd Respondent.” Further, by a letter dated 29th March, 2021, Ref: RPP/FRP/027/Vol III (16), the Registrar of Political Parties indicated to the Clerk of the Senate that “on the basis of the decision of the Jubilee Party as contained in the documents and correspondence submitted to this office, and in line with Section 14 (5A) of the Political Parties Act, 2011, together with all other relevant laws, this office has removed the name of Hon. Isaac Mwaura Maigua from the Jubilee Party membership register pending the adoption and ratification of the same by the National Executive Committee (NEC) in accordance with Article 13.1.12 as read together with Article 13.4 of the Jubilee Party Constitution”. The question that arose is whether the Speaker acted within the law by issuing the gazette notice declaring a vacancy upon the expulsion of a member of the Senate, in this case declaration of a seat held by Hon. Isaac Mwaura Maigua. Hon. Senators, considering the sequence of events narrated above, and on the basis of the order of the High Court in Civil Appeal No. E167 of 2021 (Hon. Isaac Mwaura Maigua vs Jubilee Party, I made a decision not to take any action with respect to the request to declare a vacancy in the seat held by Hon. Isaac Mwaura pending the determination of Civil Appeal No. E167 of 2021 (Hon. Isaac Mwaura Maigua vs Jubilee Party and Another) being the substantive hearing of the appeal of the ruling of the Tribunal on the conservatory orders sought by Hon. Isaac Mwaura Maigua pending the hearing and determination of the substantive suit before the Tribunal. On 10th May, 2021, I received the judgment of the Political Parties Disputes Tribunal in Complaint No. E002 of 2021, Hon. Isaac Mwaura Maigua vs Jubilee Party and Another upholding that the expulsion was conducted in accordance with the law and dismissing the complaint by Hon. Isaac Mwaura against the same. Consequently, in view of all this documentation and based on the law, I declared 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. Article 103 (1) (e) (i) of the Constitution provides that- “the office of a member of Parliament becomes vacant if, having been elected to Parliament as a member of a political party, the member resigns from that party or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in Clause (2)”. Further, Regulation 56A of the Elections (General) Regulations, 2012 provides for the re-allocation of special seats from the Party list in the following terms- (1) Where a political party expels a member elected through a party list during the term of Parliament or County Assembly as the case may be, the party shall be required to submit- (a) a resolution or decision of the party; (b) a notification by the Registrar of Political Parties effecting the expulsion; (c) a declaration of vacancy from the relevant Speaker; and (d) a court order sanctioning the expulsion where applicable, to the Commission for re-allocation."
}