Nominated Member of Parliament Sabina Chege will continue to serve as Deputy Minority Whip in the National Assembly as a court case challenging her ouster unfolds. The High Court in Kiambu issued conservatory orders on May 30, 2023, preventing her replacement until a resolution is found.
The petitioners argue that the National Assembly’s Standing Order No. 20(a)(4) does not provide a clear process for removing a Whip or Deputy Whip. While the Minority Party has completed all requirements for the replacement, Speaker Moses Wetangula expressed his predicament in adhering to the court’s orders.
“On one hand, the minority party has met all the procedural requirements to effect the change of its leadership. On the other hand, I am confronted by a court order that specifically cited both the Speaker and the House as parties to a judicial process that seems to challenge an administrative process,” stated Wetangula in his communication to the House.
Speaker Wetangula further emphasized the House’s consistent commitment to abide by court orders relating to its quasi-judicial and administrative functions. Despite sympathizing with the minority party’s predicament, he acknowledged the importance of upholding the court’s directives, even when they may conflict with the House’s interests.
In a letter addressed to the Speaker dated May 31, 2023, National Assembly Minority Leader Opiyo Wandayi announced that Embakasi West MP Mark Mwenje had been selected to replace Sabina as Deputy Minority Whip. Wandayi indicated that the decision was made during a meeting held by the Minority Party the previous day.
The ongoing power struggles within the Jubilee party, led by factions headed by former President Uhuru Kenyatta and Sabina Chege, have created a tense political environment. Sabina’s faction has called for a National Delegates Conference scheduled for July 22, during which it is anticipated that Uhuru and other party leaders will face expulsion. The previous NDC held by the Uhuru-led camp at Ngong Racecourse resulted in the removal of Sabina Chege and EALA MP Kanini Kega from the party. However, the party’s internal dispute committee later declared the NDC null and void.
As the court case unfolds, the fate of Sabina Chege as Deputy Minority Whip remains uncertain. Speaker Moses Wetang’ula’s statement reflects his recognition of the court’s authority and obligation to respect its orders, highlighting the delicate balance between administrative processes and legal proceedings within the National Assembly.
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