Former Samburu Senator replaces Isaac Mwaura in Senate

Former Samburu Senator Sammy Leshore has been gazetted as Isaac Mwaura’s replacement in the Senate.

In a gazette notice by the Independent Electoral and Boundaries Commission -IEBC, Leshore takes over as Jubilee Party’s nominated Senator.

“The deleted nominee stands disqualified as the member to the Senate representing persons with disabilities,” read part of the notice by Chairman Wafulka Chebukati.

This comes after Senator Mwaura was expelled from the party on grounds of disloyalty, a move sealed by Speaker Kenneth Lusaka.

On Tuesday, May 11, Mwaura obtained a court order barring implementation of his removal until his petition is determined.

The court set May 24 as inter-partes hearing date.

The intrigues informing the axing of Mwaura from Senate played out yesterday after he was allowed by Speaker Ken Lusaka to vote on the BBI bill, despite a Gazette notice on his removal.

The Gazette notice removing him was dated May 10. However, a day later, he was in the Senate conducting House business as usual.

“It is notified for the information of the general public that pursuant to Article 103 (1) (e) (i) of the Constitution and section 37 of the Elections Act, the seat of the Member of the Senate elected under Article 98 (1) (d) of the Constitution and held by Hon. Isaac Mwaura Maigua became vacant, with effect from the 7th May, 2021,” read the Gazette notice signed by Lusaka.

Mwaura was nominated by Jubilee Party in 2017 and was serving his first term only to switch allegiance to the United Democratic Alliance (UDA), associated with Deputy President William Ruto.

He and colleagues Mary Seneta, Falhada Iman, Naomi Waqo, Victor Prengei and Millicent Omanga had appeared before the party’s disciplinary committee on two occasions where they faced charges of insubordination and misconduct.

They were expelled by the National Management Committee after members deliberated on reports submitted by the Party Disciplinary Committee over alleged gross violations of party rules.

But on May 6, the Political Parties Disputes Tribunal (PPDT) chaired by Desma Nungo declared their expulsion unlawful and contrary to Jubilee constitution.

A day later, however, the tribunal overturned its own ruling, dismissing the senator’s claims that the party had not furnished him with the charges leveled against him. 

The tribunal said the Jubilee disciplinary committee did not summon the senators, but instead they appeared before the party organ believing that the complaints against them had been dropped.

The PPDT, in its ruling, noted that it was unfair for the ruling party not to give the six an opportunity to defend themselves. 

The Elections Act is not clear on what happens in the event a nominated member’s seat becomes vacant. The law states that party lists submitted to the commission shall be valid for the term of Parliament.

The Act further observes that a party-list submitted for such purposes shall not be amended during the term of Parliament.

[email protected]