Automated Summary
Key Facts
The Complainants (Hon. Nifiu, Robert Mbathia, and Mary Wanjiru Kariuki) were discharged from various committees of the County Assembly of Nairobi by the 3rd Respondent (Azimio la Umoja One Kenya Coalition) on 24th April 2023 following a letter from the 5th Respondent (Hon. Jeremiah Kioni) dated 20th April 2023. The Tribunal found the discharge unlawful due to procedural unfairness and lack of a fair hearing, revoked the decision, and confirmed the 2nd Respondent (Majority Chief Whip) was a necessary party. The 1st Respondent (County Assembly of Nairobi) resolved to reinstate the Complainants via its National Executive Committee on 23rd October 2023, but compensation for lost income/allowances was denied due to insufficient evidence.
Issues
- Whether this Tribunal has jurisdiction to hear and determine this dispute.
- Whether the 2nd Respondent should be struck off from this Complaint.
- Whether the orders sought should be granted.
- Whether due process was followed prior to the discharge of the Complainants from various Committees of the County Assembly of Nairobi.
Holdings
- The Tribunal denied the application to strike out the 2nd Respondent, determining that the 2nd Respondent is a necessary party to the dispute. The committees in question are organs of the County Assembly, making the 2nd Respondent essential for enforcing any orders.
- Prayers (i), (ii), and (iii) of the Complaint were granted. The disciplinary action and the 5th Respondent's letter were declared null and void, and the discharge notices were quashed. Compensation and other prayers were denied due to lack of evidence and prudence in public finance.
- The Tribunal affirmed jurisdiction to hear the dispute, noting that the Complainants made a good faith attempt to resolve the matter through the 1st Respondent's Internal Dispute Resolution Mechanism (IDRM), satisfying the requirement under section 40(2) of the Political Parties Act.
- The discharge of the Complainants from committees was declared unlawful due to procedural unfairness. They were not afforded a hearing, and the action violated section 14(1)(4) of the County Governments Act, which mandates assembly members belong to at least one committee.
Remedies
- An order in the nature of an injunction was granted to quash the notices of discharge from committees issued by the 3rd Respondent to the Complainants on 24th April 2023.
- Prayers for compensation for loss of income during absence from committee sittings were declined due to lack of evidence. The Tribunal found no evidence of income loss and noted that public funds should be used prudently under Article 201 of the Constitution.
- The Tribunal declared that the disciplinary action taken against the Complainants in terms of being discharged from Committees of the County Assembly of Nairobi was unlawful, illegal, invalid, null and void and therefore of no effect. This includes the declaration that the letter by the 5th Respondent dated 20th April 2023 is illegal, invalid and of no effect.
Legal Principles
The Tribunal applied principles of procedural fairness under Natural Justice, finding the discharge of the Complainants from committees violated their right to fair administrative action (Article 47(1) of the Constitution and Fair Administrative Actions Act). It also held the decision contravened section 14(1)(4) of the County Governments Act, which mandates County Assembly members belong to at least one committee.
Precedent Name
- Republic v The Speaker of County Assembly of Nyandarua Interested Party Samuel Kimani Gachuhi Ex Parte David Mwangi Ndirangu
- Anthony Kiragu & Another vs UDA and another
- John Mworia Nchebere & Others vs The National Chairman Orange Democratic Movement & Others
Cited Statute
- Political Parties Act
- Constitution of Kenya
- County Governments Act
Judge Name
- Gad Gathu
- Dr. Wilfred Mutubwa
- Theresa Chepkwony
Passage Text
- For the foregoing reasons, we issue the following declaration that the disciplinary action taken against the Complainants herein in terms of being discharged from Committees of the County Assembly of Nairobi was unlawful, illegal, invalid, null and void and therefore of no effect.
- In the circumstances, the decision to discharge the Complainants from various committees of the 2nd Respondent is unlawful.
- The decision to discharge the Complainants from the various committees therefore smacks of procedural unfairness.