Kirinyaga Woman Rep Purity Wangui Ngirici (centre) with other MPs address the media at Parliament buildings on the Covid-19 situation in the country.

| Jeff Angote | Nation Media Group

Ngirici in first round victory against Wamuchomba

A court has directed Kiambu Woman Rep Gathoni Wamuchomba to respond to a petition challenging her election as chairperson of the Kenya Women Parliamentary Association (Kewopa).

Justice James Makau yesterday granted Ms Wamuchomba 21 days to file her response to the case filed by the former chairperson of the group, Kirinyaga Woman Rep Wangui Ngirici, who was ousted in July last year. 

The judge also directed Kewopa deputy chair, Kisumu Woman Rep Roza Buyu, and secretary-general Mishi Mboko (Likoni MP) to respond to claims raised by Ms Ngirici. 

In her petition, Ms Ngirici contends that her removal was unprocedural and that it happened through an illegal meeting held on July 7, 2020. She says the meeting that passed a resolution to remove her lacked a quorum.

Ms Ngirici also claims that her ouster did not meet the threshold for a proper removal that requires the attendance of 73 of the 97 members. 

The grounds for removal are that her conduct had harmed the reputation or dignity of the society. 

Her removal, she says, was thus inconsistent with the Constitution as she was not issued with any notices or complaints against her.

She contends that she was not notified in writing or even verbally of any gross violations or grounds for her removal to enable her to respond to them and hence the members' decision was inconsistent with Article 50 of the Constitution and the Fair Administrative Actions Act and the provisions of Kewopa’s constitution.

The lobby group is a membership association of elected and nominated women parliamentarians from all political parties in the Senate and National Assembly.

After filing the petition in July last year, Ms Ngirici wanted the court to issue an interim order barring the registrar of societies from adopting the changes in the leadership of the association. She wanted the order to remain in force pending the determination of the case. 

But the court declined her request, saying she delayed in filing the application and Ms Wamuchomba had already been registered as the chairperson and had carried the official duties. 

In the December 10, 2020 ruling, Justice Makau said if Ms Ngirici's petition succeeded the court could grant appropriate relief including quashing the proceedings, minutes and consequential resolutions made by the association when ousting her. 

Ms Buyu, in opposing the application, said there were valid grounds for removing Ms Ngirici because she had failed to advance the women’s agenda, the main mandate of a Kewopa chairperson.

She said that on various dates in May and June last year, 65 of the 97 Kewopa members signed a petition seeking to change the chairperson and outlining the reasons for Ms Ngirici’s removal. 

She said a special general meeting was held and was attended by 35 of the 97 members and that made up the required quorum of not less than one third of registered members. 

Furthermore, Ms Buyu argues, the meeting was held within 21 days of the requisition made on June 22, 2020 in accordance with the Kewopa constitution. 

The members deliberated on the errors of omission made by Ms Ngirici and this resulted in her removal. The members were further invited to propose their desired candidates for the vacant position, and Ms Wamuchomba was eventually elected.

Ms Buyu said there was no illegality in Ms Ngirici’s removal as all laid-out procedures were followed. 

Ms Wamuchomba and Ms Mboko supported Ms Buyu's assertions. 

The case will be mentioned on September 21.