Azimio sues Wetang’ula for allegedly violating key Articles of the Constitution
The One Kenya Coalition, under the umbrella of Azimio la Umoja, has taken legal action against National Assembly Speaker Moses Wetang’ula, accusing him of violating key Articles of the Constitution.
Azimio, represented by advocate Paul Mwangi in a High Court petition, alleges that Wetang’ula unlawfully delayed his decision to remove nominated MP Sabina Chege from her position and expressed dissatisfaction with his allocation of facilities to Chege as the interim whip of the Jubilee Party while it was still part of Azimio, deeming it a misappropriation of public funds.
Furthermore, Azimio asserts that Wetang’ula acted unconstitutionally by recognizing Jubilee as a Parliamentary Party and removing it from the coalition without following the proper procedure.
According to Azimio, this procedural unfairness hindered access to justice and was unconstitutional.
The coalition contends that Wetang’ula’s actions violated the elaborate procedure outlined in Article 22 of its Coalition agreement for a constituent political party to exit.
The court documents cite Article 91(1)(g), stating that every political party must adhere to the code of conduct for political parties.
In essence, Azimio argues that Wetang’ula breached the constitution by encroaching on powers, undermining the independence of political parties, violating the right to equality and freedom from discrimination, and denying access to justice.
The coalition calls on the court to annul the recognition of Jubilee as a parliamentary party, declaring it unconstitutional.
“Petitioner prays a declaration that the direction of the Speaker of the National Assembly for Sabina Chege be recognised as Jubilee Party whip, be revoked,” Azimio added.
In addition to its previous requests, Azimio la Umoja, through the court proceedings, is seeking the annulment of the directive from the Clerk of the National Assembly that granted facilities to Sabina Chege as the whip of the Jubilee Party.
Furthermore, Azimio is advocating for Chege to reimburse any public funds that were expended during her tenure as the whip of the Jubilee Party.
The legal action stems from Moses Wetang’ula’s procrastination in removing Chege from her position as the deputy minority whip, and a subsequent ruling in October that Azimio perceives as contentious or problematic.
“In communication No.77 of 2023, the Respondent (Wetangula) recognized the Jubilee Party as a Parliamentary Party and appointed Sabina Chege as the whip of the Jubilee Party in the interim,” the petition reads.
“Through the same communication, Respondent also guided on the allocation of facilitation to the whip of the Jubilee party, Sabina Chege.”
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Azimio sues Wetang’ula for allegedly violating key Articles of the Constitution