Azimio la Umoja Coalition on Monday, June 12, sought the intervention of Chief Justice Martha Koome regarding the suspension of the removal of Sabina Chege as Deputy Minority Whip.
In a 900-word document seen by Kenyans.co.ke, Azimio questioned why the petitioner, the Association of Friends of Youth and Women, travelled over 20 Kilometers to file a petition in Kiambu County instead of the Nairobi High Court.
According to Azimio, the decision contravened the Protection of Rights and Fundamental Freedoms Practice and Procedure Rules, 2013 which stipulates the place of filing a petition.
"Every case shall be instituted in the High Court within whose jurisdiction the alleged violation took place," reads part of the Constitution.
The letter signed by Azimio Lawyer Paul Mwangi also questioned why the coalition and Sabina Chege were excluded from the case yet the court issued orders to the lawmaker in absentia.
The Clause within the Constitution provides that the Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear just, order that the name of any person who ought to have been joined, or whose presence before the court may be necessary in order to enable the court to adjudicate upon and settle the matter, be added.
"In fact, the petition, the accompanying Notice of Motion, the Supporting Affidavit and the Certificate of Urgency do not mention Azimio la Umoja One Kenya Coalition Party even once," the letter read in part.
The law firm also faulted the court for issuing orders to Sabina in absentia - which in turn allegedly threatened to bring the administration of justice into disrepute.
"As Azimio la Umoja One Kenya Coalition Party seeks redress through the court processes, your intervention and action is called for," added the letter.
The Court ruling, issued on May 30, 2023, issued a conservatory order suspending the implementation of the decision to remove Sabina from the Office of the Deputy Minority Whip in the National as communicated by Speaker Moses Wetangula on May 4, 2023.
According to Wetangula, Sabina was legally considered the Minority Whip until when the cases she filed were heard and determined.
During the proceedings on June 8, 2023, the decision irritated Azimio MPs who lashed out at the speaker. Led by Suba North MP Millie Odhiambo, the chants from the Opposition disrupted the House Business.
As a result, Wetangula suspended seven MPs over gross misconduct. They included Millie Odhiambo (2 weeks), Sabina Chege (2 weeks) Rozaah Buyu (2 weeks), TJ Kajwang (2 weeks), Fatuma Mnyanzi (5 Days), Catherine Omanyo (5 days), Joyce Kamene (2 sittings).
