National Assembly Speaker Justin Muturi has addressed the issue of declaring vacant seats held by members of parliament supporting other parties.
The speaker stated that politicians that have since switched loyalties will not lose their seats.
This comes amid mounting pressure from Jubilee Party to oust lawmakers who have since decamped to the United Democratic Alliance (UDA).
Muturi based his judgement on a ruling issued by Justice Joel Ngugi at the Nakuru High Court on March 18, 2022.
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Justice Ngugi directed the Speakers of the Senate, the National Assembly, and county assemblies not to declare seats held by leaders who have since switched parties.
At the time, Justice Ngugi, was deliberating on a petition by Kabazi Ward Representative Peter Kibe Mbae. He referred the case to CJ Martha Koome, asking her to constitute a bench to hear the matter conclusively.
"In the view of the urgency of the matter and the public interest in the case, the Deputy Registrar is hereby directed to forward the file to the Chief Justice on a priority basis and to follow up on it, so that it is acted upon with all due dispatch," Justice Ngugi ruled.
"The matter is hereby certified as one raising a substantial question of law in terms of article 165 (4) of the Constitution and is hereby referred to Chief Justice Martha Koome, to assign an uneven number of judges to hear and determine it," he added.
