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Citizen Weekly

Sunday, 7 December 2014

NAKURU MAJORITY LEADER HITS STONE WALL IN BID TO STOP OUSTER

Former Nakuru county assembly leader of majority recently suffered a setback after a Nakuru High Court dismissed his application for reinstatement.
Mwaura Njenga had moved to court challenging his ouster from office after he was unceremoniously kicked out of the county assembly’s influential seat.
Justice Abigael Mshila threw out the case saying that the dispute raised was between a member of a political party and the political party itself.
She noted that according to the Political Parties Act, the matter should be handled by the Political Parties Tribunal thus the court had no jurisdiction over the issue.
In her verdict, the judge added that the Political Parties Tribunal would then make the decision on whether to reinstate him or not.
Represented by a Nakuru based advocate John Githui, the Nakuru’s Mosop ward MCA had enjoined in the case with his Assembly speaker Susan Kihika, current majority leader Samuel Waithuki and the Solai MCA Paul Chebor.
Nakuru county assembly was represented in court by Tom Ojienda’s law firm.
Mwaura was dismissed amidst blame by some MCAs who accused him of incompetence and inappropriately misusing over Sh25 million from the county government.
The dismissal prompted him to file a case under certificate of urgency at the Nakuru Law Courts claiming that his removal from office was done maliciously and without due process.
The former majority leader was removed from office subsequent to a meeting held on June 30 2014 where the respondents in the suit purported to conduct an election and resolved to remove him.
In the suit, Mwaura had argued that he had not been formally communicated to the contents and scope of the meetings, proceedings and resolutions made thereof.
Nakuru Jubilee coalition MCAs had voted against Mwaura who only received six votes.
Jubilee has 65 MCAs in the 74-member house whose minority leader is ODM’s Daniel Ambale of Kaptembwa ward in Nakuru Town West constituency.
Talking to Weekly Citizen after the court ruling, Mwaura said he has filed a fresh suit at the party’s tribunal as one way of clearing his name from the accusations made by the MCAs.
Even before the court ruling, TNA is said to have issued a reinstatement orders of  Mwaura to the Nakuru county assembly’s majority leader seat. According to TNA, Mwaura was unprocedurally removed from office.