Elgeyo Marakwet Senator Kipchumba Murkomen and his Nakuru counterpart Susan Kihika have moved to court after they were removed from their Senate roles on Tuesday, May 12, 2020.
This follows an official confirmation of their ouster by Senate Speaker Ken Lusaka on May 12. Murkomen was replaced as Majority leader and Kihika as Majority Whip in the Senate.
The duo moved to sue Jubilee, KANU, Jubilee Secretary General Raphael Tuju, Jubilee Chair Nelson Dzuya, Speaker Lusaka and Registrar of Political Parties Ann Nderitu over the formation of a Jubilee-KANU coalition, and their sacking from the Senate.
Kihika maintained that she was still Majority Whip in the Senate and stated that she did not acknowledge the deal between the two parties.
Murkomen earlier on took to social media to argue that the merger between the two political parties was unconstitutional, alleging irregularities in the process.
"Very sad that Speaker Ken Lusaka had to make such a decision. No signatures. No list of senators who attended the purported PG. Speaker served with order invalidating Jubilee -KANU coalition yet he makes no reference. I don’t mind being replaced but please follow the Law," Murkomen had tweeted.
Speaker Lusaka in effecting the changes confirmed that he had received communication from Murang'a Senator Irungu Kang'ata through a letter dated May 11, 2020, following a Jubilee Coalition Parliamentary Group meeting that was held on May 11.
"I am satisfied that the changes were made in accordance with Senate Standing Order 19 (1,2,30, 40 (5 and 7) and meets the threshold required under Standing order 19 (5) there having been a majority of votes.
"Accordingly, I wish to communicate to the house that the majority have effected changes which shall now take effect as follows; Senate Majority Leader- Senator Samuel Poghisio, Senate Majority Whip- Senator Irungu Kang'ata, and Senate Deputy Majority Whip- Senator Haji Farhiya Ali," Lusaka stated.
Murkomen and Kihika's ouster was effected despite the Political Parties Disputes Resolution Tribunal on Tuesday, May 12, suspending post-poll coalition deal between Jubilee and Kanu.
The tribunal stated that the coalition had to be approved by the National Executive Committee of the Jubilee Party and in strict compliance of the Political Parties (Registration) Regulations.
"An interim order be and is hereby issued restraining the 2nd and 3rd respondents from making any coalition agreements on behalf of the 1st interested party, Jubilee Party with any party/parties without a valid, formal resolution of a duly convened National Executive Committee of Jubilee Party and in strict compliance of regulation 21 of the Political Parties (Registration) Regulations," read the statement by the tribunal.
