Nominated Senator Isaac Mwaura has received a reprieve after a court stayed his removal pending the hearing and determination of his appeal.
The case is slated for hearing on May 24.
Milimani Law Court judge J.K Sergon issued an injunction restraining implementation of the judgement of the Political Parties Tribunal that was issued on May 7, 2021, until the case is heard and determined.
“Pending the interparty hearing of the motion dated May 11, 2021 an order for stay of further implementation of the Gazette Notice number 4597…dated and issued on May 10 by the third respondent,” the judge ruled.
The judge said that he considered the grounds stated by Mwaura in his affidavit on Tuesday as an urgent motion.
“I am also convinced that there is need to grant interim orders Consequently, the motion dated May 11, 2021 is fixed for interparty hearing on May 24, 2021,” the judge ruled.
Senate Speaker Ken Lusaka had earlier on Tuesday declared his seat vacant.
This was following a decision by Jubilee Party to expel him after he was accused of campaigning for a candidate of a different political outfit.
"...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," Lusaka said in a gazette dated May 10th , 2021.
Lusaka officially communicated to the House the vacancy.
He said he gazetted the vacancy after thorough consultation and receipt of various items as provided for in the Constitution.
Mwaura had suffered a major setback after the Political Parties Disputes Tribunal endorsed a decision by the Jubilee Party to expel him on the grounds of disloyalty and pledging allegiance to another outfit.