Court allows MP Wandayi to attend Parliament sessions
Ugunja MP Opiyo Wandayi in a Nairobi court on July 4, 2016 where he challenged his suspension from attending parliamentary sessions. He has now been allowed to attend. PHOTO | PAUL WAWERU | NATION MEDIA GROUP
What you need to know:
- While granting him respite, Justice George Odunga said the decision did not only affect him but also drained his constituent’s expectations on their representation in Parliament.
- In one of the suits, his request to be allowed to resume attending sessions was denied but in the second one - on Monday - he got his ticket back to the House.
The High court on Monday granted Ugunja MP Opiyo Wandayi reprieve after it suspended National Assembly Speaker Justin Muturi’s directive to bar him from attending Parliament sessions till the end of his term.
While granting him respite, Justice George Odunga said the decision did not only affect him but also drained his constituent’s expectations on their representation in Parliament.
He ruled that the Court’s intervention was necessary, dismissing claims that the doctrine of separation of powers could not allow the legislator to seek redress of the matter in the corridors of justice.
“Accordingly, I stay the decision of the Speaker of the National Assembly on March 31 which suspended Mr Wandayi from attending Parliament sessions till the end of his term in office,” Justice Odunga said.
Mr Wandayi had challenged his suspension in two separate suits last month.
In one of the suits, his request to be allowed to resume attending sessions was denied but in the second one - on Monday - he got his ticket back to the House.
He was accompanied by MPs Peter Kaluma (Homa Bay), Timothy Bosire (Kitutu Masaba) and Millie Odhiambo (Mbita).
After the ruling Mr Kaluma said he would withdraw his Bill which intends to give MPs immunity from prosecutions for any decisions they make during their tenure.
The Bill also aims at blocking the Judiciary from interfering with matters pending in parliamentary and county assemblies.
He instead expressed confidence with the courts following the verdict.
“As someone who had brought a Bill, which I know is before the Senate, to limit the Judiciary from interfering in some matters, let me say that I am going to withdraw it since I have discovered the courts can be trusted in their jurisprudence,” he said.
His Mbita counterpart said the Opposition members will continue speaking their minds.
Mr Wandayi, who was ejected from Parliament after he persistently blew his whistle during President Uhuru Kenyatta’s State of the Nation address on March 31, 2016, had sued Mr Muturi and the National Assembly.
He had been blocked from accessing the parliamentary chambers, the general precinct as well as his office.
He was sent on suspension after he declined to leave the House when ordered to do so.
Other legislators who were kicked out of the House on that day are ODM national Chairman John Mbadi, Tom Kajwang (MP, Ruaraka), Homa Bay woman representative Gladys Wanga, Homa Bay Senator Moses Kajwang, Fred Outa (MP, Nyando), Simba Arati (MP, Dagoretti North) and Millie Odhiambo.
The case will be mentioned on August 1.
Editing by Philip Momanyi
