A Nakuru High Court has barred 49 speakers from declaring seats vacant.
Justice Joel Ngugi in his ruling on Friday, barred speakers of the Senate, the National Assembly and the 47 county Assemblies from taking action against elected leaders who resigned from their original parties to other parties.
The ruling has been welcomed by Kabazi MCA Dr Peter Mbae who was also the petitioner.
“I welcome the ruling this morning by Hon. Judge Prof. Joel Ngugi barring the Speakers of the Senate, the National Assembly and the 47 County Assemblies from declaring seats vacant that are held by members who resign from their original parties to other parties.It is the most progressive interpretation of the Constitution and other laws against the Jubilee officials who wanted to use the law selectively to punish us for exercising our rights to move to other parties” stated Mbae.
Mbae who was elected on Jubilee ticket in 2017 but decamped to UDA, petitioned the courts on 25th February in consultation with, on behalf of and with support from all elected Senators, MPs and MCAs moving to UDA.
Justice Ngugi also dismissed the Preliminary Objection by Nakuru County Assembly Speaker Joel Maina Kairu who is the First Respondent in the case.
The Attorney General was listed as the other Respondent while the Registrar of Political Parties, IEBC and the Speakers of the Senate, National Assembly and the other 46 County Assemblies were listed as Interested Parties.
The judge also certified the case as one raising a substantial question of law in terms of Article 165(4) of the Constitution and referred it to the Chief Justice to assign an uneven number of Judges to hear and determine it.
“We all loved Jubilee and hoped to live happily thereafter, but they decided to kill it to deny us a party to run on in 2022 and I don’t know why again they feel offended when we move to our new UDA home” added Mbae.
According to him, the judge has affirmed that constituents have a right to representation to the last day hence a right to choose party of choice for the next general elections.
This is the second win in weeks after the Court of Appeal recently ruled that MCAs wishing to contest for higher positions need not resign before their terms are over.