Former Majority Leader in the Senate Kipchumba Murkomen and Minority Whip Susan Kihika have moved to court to oppose their ouster from the Jubilee Party Senate leadership.
In their application filled at the High Court on Tuesday, May 12, the duo named Registrar of Political Parties, Senate Speaker Ken Lusaka, Jubilee party secretary General Raphael Tuju and KANU’s chairman Nelson Dzuya as respondents in the matter certified as urgent.
Murkomen and Kihika claim that the listed respondents disregarded the law by getting into an illegal coalition to ouster them from their respective leadership roles.
“The respondents have in blatant violation of the law engaged in an illegal coalition where after have purported with the strength of the said coalition to remove the Majority Leader and Majority Whip of the Senate in blatant disregard of lawful procedures,” the application notes.
The duo is also protesting their removal from their offices on the grounds the required number of Senators for their ouster was not met.
They also claim KANU the presence of KANU members in the parliamentary group meeting that elected West Pokot Senator Samuel Poghisio and his Murang’a counterpart Irungu Kang’ata to replace them did not meet the quorum.
Murkomen and Kihika further argue that the KANU-Jubilee post-election deal was null and void since it had not been sanctioned by Jubilee’s National Executive Committee (NEC).
This comes a day after Senate speaker Kenneth Lusaka upheld the ouster saying that 20 senators voted to have Murkomen and Kihika replaced by KANU’s Samuel Poghisio and Jubilee’s Irungu Kanga’ta for Majority Leader and Minority Whip leadership positions respectively.
The application was treated as urgent and it is set to be mentioned on Thursday, May 14 presided over by Justice James Makau. Murkomen and Kihika have been allowed to serve the respondents via e-mail.
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