Tribunal suspends UDA summons
Thumbi, through her lawyer Mabeya Moses, moved to the Political Parties Disputes Tribunal seeking to overturn that decision pending the hearing and determination of the petition.
She wanted to stop the intended disciplinary proceedings. She said the committee did not supply her with the evidence it relied upon.
“Unless the Tribunal intervenes, my client risks losing her MCA seat and being denied due process,” added Mabeya.
Ann Thumbi challenges disciplinary process
In an application before the Tribunal, Thumbi says that on June 7, 2025, she received a letter from UDA summoning her to appear before its disciplinary committee on June 20, 2025.
She was to respond to allegations concerning her attendance at a DCP rally and alleged incitement.
Meanwhile, Mabeya argued that for the removal of a leader from office to materialize, there must be specific, clear, cogent, and conscious rules governing such procedures.
Further, he argued that the process cannot be left to the whims of the disciplinary committee.
MCA claims disciplinary hearing violated due process
Thumbi said she tried to serve a notice of objection dated June 20, 2025.
However, the committee proceeded with the hearing despite the objection.
According to Thumbi, the committee ignored the principles of natural justice.
She further said the entire process lacked impartiality, transparency, and procedural fairness.
Additionally, she argued that the process was designed to arrive at a predetermined outcome.
Tribunal asked to stop disciplinary proceedings
Thumbi wanted the Tribunal to intervene and stop the proceedings.
She argued that failure to do so would violate her rights. She also said it would set a dangerous precedent that undermines due process.
Therefore, Mabeya sought an order staying the decision or outcome of the disciplinary proceedings pending the hearing and determination of the petition.
He also sought an order restraining the UDA party from removing Thumbi from office or removing her from committees in the Nyeri County Assembly.
UDA and committee chair named in petition
Thumbi sued the UDA party and Charles Njenga, the Chairperson of the UDA Committee.
She argued that the intended disciplinary process is illegal.
