Association

This was a consolidated petition and application challenging the constitutionality of the expulsion of members of parliament’s (MPs) from a political party. The MPs were expelled for contravening their party’s constitution and refusing to attend the disciplinary proceedings.
The court considered whether the expulsion of the MPs from the political party was consistent with the Constitution. The court also determined whether parliamentary seats of such MPs should be declared vacant.

This petition challenged the constitutionality of an action of the speaker of the National Assembly to continue recognising the second respondent, Mr. Cecil David Mwambe, as a member of the parliament while he had crossed the floor from Chama cha Demokrasia na Maendeleo (CHADEMA); in accordance to articles 71(1) (f) of the Constitution.

The applicant was an employee of the respondent as a lecturer. His services were allegedly terminated due to his involvement with political activities as a leader of the political party at the District level. He referred the matter to the Commission of Mediation and Arbitration (CMA) where the decision was made in favour of the respondent. Aggrieved by the decision, he filed this application for revision under the provisions of section 91(l)(a) (2)(b)(c) and section 94(4)(a)(b) and 94(l)(b)(i) of the Employment and Labour Relations Act.