Senators Murkomen, Susan Kihika Move to High Court to Challenge 'Illegal' Removal

Senators Kipchumba Murkomen (Elgeyo-Marakwet) and Susan Kihika (Nakuru) have moved to court to challenge their removal as Senate Majority Leader and Majority Whip respectively.

Murkomen and Kihika were stripped of their positions following a Parliamentary Group meeting held at State House, Nairobi on Monday.

In a case filed under certificate of urgency at the High Court, the two have named Registrar of Political Parties Ann Nderitu, Senate Speaker Ken Lusaka, Jubilee party secretary-general Raphael Tuju and Kanu’s chairman Nelson Dzuya as respondents.

They claim the respondents flouted the law by signing an illegal post-election agreement that culminated in their removal as Senate Majority Leader and Whip.

“The respondents have in blatant violation of the law engaged in an illegal coalition where after have purported with the strength of the said coalition to remove the Majority Leader and Majority Whip of the Senate in blatant disregard of lawful procedures,” court documents read.

The two further argue that the Parliamentary Group meeting held at State House lacked quorum as the number of senators who attended was not enough to kick them out.

They have asked the court to declare the post-election deal between Jubilee and Kanu as invalid, null, and void, saying it was not sanctioned by Jubilee’s National Executive Committee (NEC).

Murkomen was replaced with West Pokot Senator Samuel Poghisio of Kanu while Senator Irungu Kang’ata of Murang’a took up Kihika’s position.
 
The matter will be mentioned on Thursday, May 14th by Justice James Makau.