ANC leader Musalia Mudavadi has suffered a setback after the Registrar of Political Parties refused to endorse the party's intention to expel Kakamega senator Cleophas Malala.
RPP Anne Nderitu on Monday wrote to Mudavadi saying ANC's move to expel Malala did not follow due process.
"The disciplinary proceedings were not concluded within the stipulated timelines under Article 49 of the ANC Party Constitution," Nderitu said.
"The National Governing Council did not approve the disciplinary committee as reconstituted by the NEC in line with Article 46 (1) (d)(ii) of the ANC party Constitution."
ANC through a special meeting of National Governing Council last month kicked out Malala out of the political outfit for alleged insubordination of the party and the party leader.
The party said it had followed the due process including inviting the Senator to appear before the disciplinary committee of the party which he declined.
“The special meeting of the NGC hereby adopts and ratifies the resolution for internal disciplinary of the party and NEC expelling Hon Cleophas Malala from the party membership,” read part of the party’s resolution.
The disciplinary committee had recommended expulsion of Malala from the party.
The NGC unanimously adopted the disciplinary committee’s resolutions.
When contacted, Malala laughed off the matter saying he will issue a comprehensive statement later responding to the matter..
“I have a great matter before me. I will address that issue later,” he said on phone.
The senator chaired the Senate committee on Kirinyaga Governor Anne Waiguru’s impeachment.
Malala and ANC leadership has been on warpath following the senator’s stand especially on the Building Bridges Initiative which has seen him publicly differing with Mudavadi.
The lawmaker also abandoned the party last year when he declared support for a rival candidate in the Kibra by-elections where the ODM party won.
The NGC meeting also resolved to adopt a new party Constitution and extended the term of office for all party officials.