Constitutional Concerns: Azimio Appeals to CJ Koome Following Sabina Chege’s Ouster
Monday, June 12th, the Azimio la Umoja Coalition requested Chief Justice Martha Koome’s intervention regarding the suspension of Sabina Chege’s removal as Deputy Minority Whip.
In a 900-word document seen by GossipA2Z, Azimio questioned why the Association of Friends of Youth and Women traveled over 20 kilometers to file a petition in Kiambu County rather than the Nairobi High Court.
According to Azimio, the decision violated the 2013 Protection of Rights and Fundamental Freedoms Practice and Procedure Rules, which stipulate the location for filing a petition.
A portion of the Constitution states, “Every case shall be filed in the High Court within whose jurisdiction the alleged violation occurred.”
Sabina Chege, a candidate for Parliament, spoke at the National Prayer Breakfast on June 7, 2023.
The letter, which was signed by Paul Mwangi, an attorney for Azimio, also questioned why the coalition and Sabina Chege were excluded from the case, despite the court issuing orders to the lawmaker in her absence.
The Constitution provides that the Court may, at any stage of the proceedings, upon or without the application of either party, and on such terms as may appear just, order that the name of any person who ought to have been joined, or whose presence before the court may be necessary to adjudicate and settle the matter, be added.
“The petition, accompanying Notice of Motion, Supporting Affidavit, and Certificate of Urgency does not mention the Azimio la Umoja One Kenya Coalition Party even once,” the letter stated.
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The law firm also faulted the court for issuing absentee orders to Sabina, which allegedly threatened to discredit the administration of justice.
The letter continued, “As the Azimio la Umoja One Kenya Coalition Party seeks redress through the court processes, your intervention, and action are required.”
On May 30, 2023, the Court issued a conservatory order suspending the removal of Sabina from the position of Deputy Minority Whip in the National, as communicated on May 4, 2023, by Speaker Moses Wetangula.
Until her cases were heard and decided, Sabina was legally considered the Minority Whip, according to Wetangula.
During the proceedings on June 8, 2023, Azimio lawmakers were angered by the decision and lashed out at the speaker. Opposition chants, led by Suba North Member of Parliament Millie Odhiambo, disrupted House Business.
Wetangula consequently suspended seven MPs for gross misconduct. Millie Odhiambo (2 weeks), Sabina Chege (2 weeks), Rozaah Buyu (2 weeks), TJ Kajwang (2 weeks), Fatuma Mnyanzi (5 Days), Catherine Omanyo (5 Days), and Joyce Kamene (2 sittings) were among them.
Constitutional Concerns: Azimio Appeals to CJ Koome Following Sabina Chege’s Ouster
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