The Azimio la Umoja Coalition has called upon Chief Justice Martha Koome to intervene in the suspension of Sabina Chege's dismissal as Deputy Minority Whip.
In a letter that was signed by Azimio Attorney Paul Mwangi, Azimio questioned why the petitioner decided to file in Kiambu County as opposed to the Nairobi High Court.
The decision, in Azimio's perspective, violated the Protection of Rights and Fundamental Freedoms Practise and Procedure Rules, 2013, which specify where a petition must be filed.
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"Every case shall be instituted in the High Court within whose jurisdiction the alleged violation took place," reads part of the Constitution.
Mwangi also questioned why the coalition and Sabina Chege were excluded from the case while the court issued orders in absentia to the lawmaker.
According to the Constitution, the Court may order that the name of any person who should have been joined or whose presence before the court may be required in order for the court to adjudicate and settle the matter be added at any stage of the proceedings, on or without the application of either party, and on such terms as may appear just.
"In fact, the petition, the accompanying Notice of Motion, the Supporting Affidavit and the Certificate of Urgency do not mention Azimio La Umoja One Kenya Coalition Party even once," the letter read in part.
The law firm also crcriticized he court for issuing orders to Sabina in absentia, which it claimed threatened to bring the administration of justice into disrepute.
"As Azimio La Umoja One Kenya Coalition Party seeks redress through the court processes, your intervention and action is called for," read the letter in part.
