What you need to know:
- Political Parties Disputes Tribunal declares suspension of the three MCAs as unlawful.
- The three MCAs were accused of undermining the leadership of the party at the national and county levels.
Three Nairobi Jubilee MCAs have had their suspension by the party overturned by the political parties disputes tribunal.
The three nominated ward representatives – Ann Thumbi, Sylvia Museiya and Millicent Jagero – were suspended last year November by the party's National Disciplinary Committee.
They were accused of undermining the leadership of the party at the national and county levels, going against the party's position on Nairobi's 2020/2021 financial year budget and the Memorandum from the Governor on the Nairobi County Appropriation Bill, 2020.
Consequently, the three were suspended from the party and from all county assembly committees for a period of three months and six months respectively.
However, the Political Parties Disputes Tribunal has declared the suspension of the three MCAs unlawful and with no legal basis.
The Tribunal's Chairperson Desma Nungo said the disciplinary proceedings against the three were unprocedural and violated the laws and the respondent's rights as enshrined in the Constitution.
He further stated that the procedure applied by the President Uhuru Kenyatta-led party did not follow the laid down legal processes, adding that the MCAs were unfairly treated.
This was after the three MCAs, through Ms Thumbi on December 10, 2020 filed a complaint with the tribunal.
The complainants held that the decision made on November 27, 2020 by the respondent was unjust arguing that the suspensions were contrary to the provisions of the respondent's laws and processes, the procedure applied did not follow the laid down processes and that they were unfairly treated.
Jubilee Party was listed as the respondent in the case while party Secretary General Mr Raphael Tuju, Chairman Nelson Dzuya and Nairobi County Assembly Speaker Benson Mutura were listed as interested parties.
"In the view of the foregoing, we find that the complaint dated December 10, 2020 is merited and we accordingly grant the following orders...," read in part the March 9, 2021.
"A declaration is hereby issued restraining the respondents and the interested parties by themselves or through their agents from implementing the decision by the respondent's disciplinary committee to suspend the complainants from the Jubilee Party and all committees of the County Assembly of Nairobi in which they are members," the ruling continued.
The tribunal also ruled that the costs of the application be borne by Jubilee party and the interested parties.