Jubilee Party's decision to expel five senators who had failed to attend President Uhuru Kenyatta's meeting at State House has further implications than just the loss of salaries and perks.
According to the Salary structure by the Salaries and Remuneration Commission (SRC), the Senators are bound to lose a total pay of ksh710,0000 in salary and other allowances, including mileages incurred.
Makueni MP Dan Maanzo who is also a constitutional lawyer, confirmed to Kenyans.co.ke on Wednesday, May 13, that indeed the Nominated Senators were bound to lose everything, including salaries and allowances
"The moment you are nominated as a Senator, you are there for a particular reason and in effect, for example, to represent people with disability, and therefore, you get the same rights as an elected Senator.From left: Lawyer dan Maanzo, Kipchumba Murkomen, and Mutula Kilonzo Jr. deliberate during a court appearance.File
The Nominated Senators' woes are further compounded by the fact that they they have no grounds to petition against party decisions as their presence in the house is hinged on towing the party lines.
"What happens is that in the event that the party abandons your nomination, then it is done for you. You will lose everything and will go home.
"The party leader has the total mandate and control over the party, so there is no way a nominated person can be summoned to a meeting or a party function and fail to attend," Maanzo corroborated the Jubilee constitution.
He further informed that in the event where a person's nomination is withdrawn, the second person in the list of nominees would be immediately appointed to the position.
This provision in the constitution has it that in the event where a person may be incapacitated or even resign or be removed, there have to be options to replace that member.
Chapter 13 of the Jubilee Constitution on disciplinary measures states that the NEC may discipline a member by either suspending, expelling, fining them, de-whip them, and much more.
All these decisions, according to the party's constitution, would be declared final and no room for appeal allowed for the victims.
"The decision of the NEC shall stand notwithstanding any right of appeal subject only to Clause 13.4.3. The decision of the NEC shall be final," the Jubilee Party constitution reads.
Senators Iman Falhada Dekow, Waqo Naomi Jillo, Prengei Victor, Mary Yiane, and Millicent Omanga are set to face the party's disciplinary organ that will determine their fate.Nominated Senator Millicent Omanga taking the oath of office at Parliament buildings on August 31, 2017.Daily Nation
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