- Kiragu and Mugambi claimed that the meeting of October 17, 2023, where a resolution for their removal was reached never happened.
- They further claimed that the meeting was not properly convened as there was no notice issued by the Whip.
Image: WILLISH ADUR
UDA’s Internal Dispute Resolution Committee has upheld the removal of Anthony Karanja Kiragu and Mark Mugambi as minority leader and minority whip respectively in the Nairobi County Assembly.
The committee said the meeting of October 17, 2023, held at City Hall where their removal was ratified was held procedurally.
The committee in dismissing their petition further ruled that the appointment of new UDA leadership in the assembly was done procedurally.
"The designation of the Interested Parties vide a letter dated October 23, 2023, complied with Standing Order No 23(1) and 23(10),” the committee chaired by Rebecca Tonkei said in its verdict rendered on April 19.
"The upshot is that the Complaint dated April 4, 2024, lacks merit and is dismissed with no order as to costs," the committee said.
In their appeal against their removal from office, Kiragu and Mugambi claimed that the meeting of October 17, 2023, where a resolution for their removal was reached never happened.
They further claimed that the meeting was not properly convened as there was no notice issued by the Whip.
Further, they told the dispute committee that signatures of some of the attendees of the meeting were forged after they distanced themselves from the meeting, and as such, their ouster from UDA’s leadership in the assembly was done through a fundamentally flawed process.
But after hearing both parties in the case on April 18, 2024, the Dispute Resolution Committee found that the meeting of October 17, 2023, was held at a public place, at City Hall, which houses all members.
"Members of the Assembly could not have found themselves at the same place and time prosecuting the same agenda without prior invitation. It is therefore believable that there was a prior notice for such a meeting to have been executed," the committee ruled.
The committee further held that a cursory look at the signatures of some of the attendees of the October 17 meeting was identical to their IDs, Affidavits and minutes of the meeting.
"This casts doubt and aspersions on the claimants' allegation of forgery," the committee observed.
"On a balance of probability, we find that the allegations are unsubstantiated, and the recanting of such signatures was an afterthought after the said meeting of October 17, 2023, and were calculated to cast doubt on the resolutions of the said meeting."
The committee said the installation of Waithera Chege and Deonysias Mwangi to the positions of minority leader and minority whip, thus, followed due process.
"It is the finding of this tribunal that the appointment to office of the interested parties was procedural and lawful as it conformed with the provisions of the standing orders.
"Pursuant to and in compliance with standing order number 23(10), the Respondent (UDA) appointed the interested parties to the leadership of the assembly vide a letter dated October 23, 2023 which communicated to the speaker," the committee ruled.