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{
"id": 1129788,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1129788/?format=api",
"text_counter": 17,
"type": "speech",
"speaker_name": "Hon. Lusaka",
"speaker_title": "The Speaker",
"speaker": null,
"content": "(1) Pending the inter-parties hearing and determination of the aforesaid motion, the respondents are hereby restrained by an order of injunction from implementing or further acting on the judgment of the Political Parties Tribunal dated 7th May, 2021. (2) Pending the inter parties hearing of the motion dated 11th May, 2021 an order for stay of further implementation of the Gazette Notice No.4597 Vol. CXX11-102 dated and issued on the 10th May by the 3rd respondent. (3) Following several mentions on the matter on diverse dates in the months of May, June and July, 2021, Sen. (Dr.) Isaac Mwaura Maigua, subsequently filed the substantive appeal against the judgment of the Political Parties Dispute Tribunal and parties filed their respective responses and submissions on the appeal. On 24th November, 2021, the High Court delivered its judgment on the appeal. Hon. Senators, in the judgement, the High Court set aside the decision of the Political Parties Disputes Tribunal, expelling Sen. (Dr.) Mwaura from the Jubilee Party. Specifically, the High Court quashed notices by- (1) The Registrar of Political Parties on the removal of the name of Sen. (Dr.) Isaac Mwaura Maigua, from the Jubilee Party membership list; (2) The Speaker of the Senate communicating the occurrence of a vacancy in a Member of the Senate elected through a party list; and, (3) The Independent Electoral and Boundaries Commission (IEBC) appointing Mr. Sammy Prisa Leshore to replace Sen. (Dr.) Isaac Mwaura Maigua as the Member of the Senate representing PwDs. Hon. Senators, as your Speaker, I have often reiterated that the office of the Speaker is ill-equipped and totally devoid of the mandate to delve into or inquire into the internal affairs of political parties represented in Parliament. This is a matter that falls within the mandate of the members of the respective parties. Sen. (Dr.) Isaac Mwaura Maigua exercised his constitutional right to appeal against the decision of the Political Parties Disputes Tribunal, and a verdict has been delivered by the High Court. My role in this matter therefore is to abide by the decision of the High Court, as the Office of the Speaker has no interest in the direction or inferences that the concerned parties would take on the matter. In this instance, the role of the Office of the Speaker is limited to receipt of the judgement, analyzing its contents and, where it concerns this office, implement its findings. Hon. Senators, the High Court having published Gazette Notice No.4597 by the Speaker of the Senate, which declared a vacancy of a Member elected through a party list, thereby removing Sen. (Dr.) Isaac Mwaura as a Senator. Further, the High Court having quashed Gazette Notice No.4598 dated 11th May, 2021 by the Chairperson of the Independent Electoral Boundaries Commission (IEBC), which appointed Mr. Sammy Prisa Leshore to replace Sen. (Dr.) Isaac Mwaura as the Member of the Senate representing persons with disability, I, therefore, direct that Sen. (Dr.) Isaac Mwaura Maigwa, CBS, MP, remain as Senator in accordance with the Constitution of Kenya and Senate Standing Orders. I thank you. ( Applause ) Welcome. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}