Siaya County Senator James Orengo has offered to represent Jubilee Nominated Senator Isaac Mwaura after he lost his seat.
The removal of Isaac Mwaura left a section of Tanga Tanga Movement members enraged as they questioned Senate Speaker Ken Lusaka’s objectivity on a matter they claimed had been moved to the court for further direction.
Senators Aaron Cheruiyot, Susan Kihika, and Kipchumba Murkomen argued that the Speaker had been served with an injunction court order.
Nakuru County Senator Susan Kihika pointed out that the issue of Senator Mwaura disregards an existing court order provided by the High Court.
She went on to note that she expected the Speaker would handle differently a matter that involves removal of a fellow senator, one who has been elected.
However, the Speaker defended himself against claims that he ignored a court order barring him from declaring a vacancy in the seat held by the Nominated Senator.
He said that by the time he took to his seat he has not seen any court order but he would avail all the documents that led to the decision.
The Orange Democratic Movement (ODM) official on Tuesday 11 May 2021 explained to the House that the Speaker cannot reverse a decision he had already made to declare a seat vacant and it is only the High Court that can.
Orengo added that even the President cannot reverse a gazette notice while urging the Tanga Tanga allied members not to waste their time discussing the matter.
The Senate Minority Leader disclosed that Mwaura had already reached out to him for legal advice and he was ready to represent Mwaura to challenge the decision in Court.
“The speaker cannot reverse a decision he has made and gazetted. It is only the High Court that can and some of us are ready to help if we are asked to represent Mwaura. Otherwise, we will be wasting time discussing that matter here because even the president cannot reverse a gazette notice,” Orengo explained.
The move follows a decision by Jubilee Party a few months ago to expel him after he was accused of campaigning for a candidate of a different political outfit.
However, in March the High Court in Nairobi temporarily stopped Mwaura’s expulsion after he moved to court to challenge the decision which was pegged on grounds of disciplinary violations.
In February the ruling party expelled Mwaura, Mary Seneta, Falhada Dekow Iman, Naomi Jillo Waqo, Victor Prengei, and Millicent Omanga.