Azimio sues Speaker Wetangula over Sabina Chege deputy whip seat, demands refund of public funds

In documents filed in court, the Raila Odinga-led coalition faults Wetangula for allegedly delaying to dewhip nominated MP Sabina Chege as Azimio’s Deputy Chief Whip.

The opposition coalition also blames Wetangula for recognizing Jubilee as a parliamentary party and subsequently Sabina Chege as its interim chief whip.

The coalition wants the court to declare Chege's position and recognition of Jubille as a Party unconstitutional as well as order that the MP to refund public funds spent in running of her alleged office.

“…Declaration that the purported position of the whip of the Jubilee Party as a Parliamentary Party, be declared unconstitutional and be revoked...  that the direction of the Speaker of the National Assembly for Sabina Chege be recognized as Jubilee Party whip, be revoked and that the direction for the Clerk of the National Assembly that facilities for Chege is a whip for Jubilee Party be accorded, be revoked,” reads the court documents.

Azimio is further seeking “a declaration that Sabina Chege to repay all public money spent as a whip for the Jubilee Party as well as an order awarding costs of the Petition to the Petitioner.”

According to Azimio, the action by the Speaker contravenes critical sections of the law including infringement of the right to equality and freedom from discrimination, usurpation of powers and undermining of independence of political parties, denial to access to justice and misappropriation of public funds.

The Opposition party’s arguments stem from a past ruling where Wetangula instead of dewhipping Chege as requested by the Minority Whip Opiyo Wandayi declined severally and instead recognized  Jubilee Party, which is part of Azimio, an independent parliamentary party contrary to the law.

The speaker went on to recognize Chege as the Jubilee Party Whip despite efforts by the Minority Leader to inform him that Jubilee was still part of Azimio.

"In communication No.77 of 2023, the Respondent recognized the Jubilee Party as a Parliamentary Party and appointed Sabina Chege as the whip of the Jubilee Party in the interim," noted the letter.

"Through the same communication, Respondent also guided on the allocation of facilitation to the whip of the Jubilee party, Sabina Chege."

In light of the violations, Azimio says the Speaker’s go-ahead for Chege to assume the interim office thereby receiving facilitation also contravenes the law since it is a misuse of public funds.