Senator Nyamu seeks to stop 'misconduct' case against her

"At the time of issuing the said summons, there was no complaint against the Respondent subsisting before the Committee warranting adjudication."

In the application, Nyamu argues that the complaint dated January 26, and filed on January 27, having been filed way after the committee had assumed jurisdiction purportedly over the "same matter" is an afterthought and a fishing exercise and that the rules of natural justice, the Fair Administrative Action Act and the Civil Procedure Act and Rules requires that summons to appear before any adjudicating body to be issued immediately after institutions of a formal complaint, plaint or pleadings.

"It is evidently clear that by December 19, 2023, there was no complaint before the Committee capable of being adjudicated upon and therefore, the Notice or Summons that was issued against the Respondent herein was materially defective for the reasons that the nature and reasons of the Complaint were not known to the Committee," argues Ngwele.

Both the complainant Jephenei Nyakwama and Ngwele made their oral application before the committee yesterday morning.

Njenga summoned the senator last year following a viral video in which Nyamu was at a party in Dubai on December 16, 2022.

In a letter dated December 19, 2022, Njenga had summoned the legislator for a disciplinary hearing, saying her conduct brought shame to the party and injured its reputation.

The complainant, lawyer Nyakwama, who is also the leader of UDA National Youth Congress, says in his petition that Nyamu's actions damaged the moral fabric of society seeing as she is expected to be a role model by virtue of her office.