Jubilee Party's internal woes were once again aired out in public on Tuesday evening, April 28, after a letter by the ruling party's Deputy Secretary-General Kositany surfaced.
The letter dated April 27, nullified the party's Secretary General Raphael Tuju's Move to dismiss Kirinyaga County Assembly Majority Leader James Kamau Murango.
"The impugned decision of Tuju to dismiss the majority leader of Kirinyaga County assembly cannot stand any legal or procedural test. It stands not on the Constitution of the Party, the standing orders of the Assembly or any other lawful pedestals.
"It has no legal effect. It is not recognised in law. It is null and void," the letter reads in part.
Kositany goes on to implore Governor Anne Waiguru's county assembly to ignore Tuju's dismissal letter, reaffirming that Murango was still the duly elected Majority Leader of the Assembly.
"The Majority Leader was elected by the Members of the County Assembly. Hon Murango is the leader recognized in law, by the party and its leadership. County Assemblies are advised that any future communication coming from the Sec-Gen or any other party official must be accompanied by details of the relevant party organ that sanctioned such a decision," reads an excerpt from the letter.
Tuju's deputy explained in detail that the move to dismiss the vocal Waiguru critic was against both the party and the county assembly's constitution.
Murango was dismissed after he presented complaints to the Jubilee Headquarter against Governor Waiguru.
Tuju's initial letter of dismissal which was sent out to the Kirinyaga County Assembly cited that apart from two issues of disbursement of funds for bursaries and women projects, the rest of the issues raised by the MCA were personal.
"It is no longer tenable for you to lead Government business in the county assembly. We find this behaviour of refusing to listen to the party headquarters to be gross misconduct as articulated in Article 13 of the party constitution," Tuju's letter reads in part.
The embattled Majority Leader is believed to be a key player in the recent notice of motion to impeach the Kirinyaga governor.
The motion of removal of Kirinyaga County governor by impeachment was moved by Mutira ward MCA David Kinyua Wangui in a sitting that was attended by all the 33 members of the county assembly on April 1.
However, the High Court, on April 7, suspended impeachment proceedings, citing effects of the coronavirus pandemic.
Judge Weldon Korir ruled that the Kirinyaga assembly had to wait for the Covid-19 disease to be contained.
“In my view, the unique circumstances posed by the Covid-19 pandemic impose a duty to the court to interfere with the county assembly's mandate in so far as the impeachment proceeding is concerned. The governor's rights are threatened [and] the doctrine of public participation will be violated," his ruling read in part.
The latest letter from the ruling party also made it clear that Tuju was operating well above his mandate when he decided to meddle with the constitutional duties of the County Assembly of Kirinyaga.
