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Tribunal overturns suspension of three Nairobi Jubilee MCAs

Three nominated Jubilee MCAs in Nairobi have had their suspension by the ruling party overturned by the political parties disputes tribunal.

Ann Thumbi, Sylvia Museiya and Millicent Jagero were suspended in November last year by Jubilee Party’s National Disciplinary Committee.

The three were accused of undermining the party leaders at the national and county levels, going against the party’s position on the city’s 2020/2021 budget and a memorandum from then Governor Mike Sonko on the Nairobi County Appropriation Bill, 2020.

Consequently, Thumbi, Museiya and Jagero were suspended from Jubilee 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 have no legal basis.

Tribunal chairperson Desma Nungo said the disciplinary proceedings against the trio were unprocedural and violated the laws and their rights as enshrined in the Constitution.

Nungo 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 last year, filed a complaint with the tribunal.

The complainants held that the decision made on November 27 by Jubilee was unjust arguing that the suspensions were contrary to the provisions of the party’s laws and processes and that they were unfairly treated.

Jubilee Party was listed as the respondent in the case while Secretary General 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 ruling.

“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 added.

The tribunal also ruled that the costs of the application be borne by Jubilee party and the interested parties.​​