A case challenging the ouster of former Nakuru County assembly majority leader George Mwaura was yesterday handed over to the Political Parties Dispute Tribunal by the high court.
Lady Justice Abigael Mshila, sitting in Nakuru, dismissed a case Mwaura had filed in court and directed that the matter be arbitrated by the tribunal, which has a mandate to deal with party disputes.
““The judicial review is about party issues, Mwaura was elected (by) Members of County Assembly who later ousted him and replaced him with Waithuki, such issues should be handled by the Political Parties Tribunal,” said the judge during the ruling.
In the case filed in September this year, Mwaura, through his lawyer John Githui, sought orders compelling assembly speaker Susan Kihika to produce minutes, proceedings and resolutions of a meeting held on June 30 where he claimed his ouster was schemed.
In a judicial review filed against Kihika, his successor Samuel Waithuki and his deputy Paul Chebor, he asked the court to quash the decision by the Nakuru County assembly Jubilee group to remove him as their leader of majority.
Mwaura also sought orders to have Waithuki vacate the office, claiming that he assumed the seat on the basis of the questionable decision.
Kihika, incumbent majority leader Waithuki and his deputy Chebor, through their lawyer Tom Ojienda, had urged the high court to hand over the matter to the tribunal, arguing that the court did not have the jurisdiction to hear the case.
The battle now heads to the tribunal in Nairobi which will give its verdict.