Three nominated Nairobi Members of County Assembly who had been suspended by the ruling Jubilee Party have been fully reinstated.
The move came after Nairobi County Speaker Benson Mutura last week directed the three; Ann Thumbi, Sylvia Museiya and Millicent Jagero were be reinstated back at the assembly.
“Having perused the Appeals and the sanctions meted therewith and taking into context the time served in the suspension, I am inclined to advise that the privileges attendant thereto to Anne Thumbi, Sylvia Museiya and Millicent Jagero are reinstated with immediate effect,” he directed.
Mutura said the application of the sanctions was aligned with the provisions of Article 50 of the Constitution which provides that every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or if appropriate another independent and impartial tribunal or body in this case being the county assembly and its mechanisms under the law and the Standing Orders.
The assembly relevant offices have also instructed to take the necessary action to effect this communication.
Undermining party
The three were suspended in November last year after they were accused of undermining the leadership of the party at the national and county levels.
The trio was also accused of going against the party’s position on Nairobi’s 2020/21 financial year budget and the Memorandum from the Governor on the Nairobi County Appropriation Bill, 2020.
The party had suspended them from all county assembly committees for six months. However, in March Political Parties Disputes Tribunal chairman Desma Nungo said the alleged suspensions were contrary to the provisions of the law.
Last year, Jubilee Party’s National Disciplinary Committee chaired by Muchai Lumatete said it had found the members guilty of all the charges raised against them.
Political Parties Disputes Tribunal however said the procedure applied by the Jubilee Party to suspend the MCAs did not follow the laid down process in the constituting law.
“A declaration is hereby issued that the ratification of the decision of the disciplinary committee to suspend the complaints from the Jubilee Party and all committees of the county assembly of Nairobi in which they are members is unlawful and had no legal effect,” Nungo said.
The tribunal also ruled that the costs of the petition be borne by the party and the interested parties
