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Court declines to lift order barring Ugunja MP from accessing House

By Faith Karanja | June 15th 2016

The High Court has declined to suspend orders barring Ugunja MP James Opiyo Wandayi from accessing Parliament.

Justice George Odunga said he will not grant the temporary orders sought at the moment since the MP delayed to challenge National Assembly Speaker Justin Muturi's decision to bar him from the House.

He directed the parties to appear in court on Friday for further directions and inter-partes hearing.

Mr Wandayi moved to court to contest the decision by Mr Muturi.

He claimed Muturi unlawfully ordered him out of the National Assembly without being afforded an opportunity to explain himself.

The MP wants the decision barring him from accessing the parliamentary chambers and limits to discharge his constitutional functions of representation quashed.

"All my attempts to explore internal remedial measures in order to get justice have all been frustrated hence the reason for the current petition," he said in court documents.

He claimed the decision by the speaker had been extended to his office staff who have been locked out.

"Currently, I have been effectively barred from accessing parliamentary precincts or chambers and, therefore, cannot discharge my constitutional duty of representation to the prejudice of Ugunja constituents," he added.

The legislator claimed that by withholding his mileage allowance, his travel to the constituency from Nairobi have been curtailed thus denying his constituents service that require his presence.

Through his lawyer Anyango Opiyo, the MP wants the court to intervene and quash Muturi's order issued on April 1, this year.

The MP says his legitimate expectations were breached as he expected the speaker to follow due process.

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