Nairobi Senator Edwin Sifuna has termed as an effort in futility a move by expelled ODM MPs to seek redress at the Political Parties Dispute Tribunal.
The party on Wednesday last week kicked out five rebel MPs it accused of gross misconduct for going against the party position and advancing the interests of the Kenya Kwanza government whose policies its opposes.
The MPs are Elisha Odhiambo (Gem), Caroli Omondi (Suba South), Gideon Ochanda (Bondo), Phelix Odiwuor (Lang’ata) and Kisumu Senator Tom Ojienda.
Ojienda, Jalang'o and Ochanda moved to the PPDT and obtained orders to stay the expulsion pending hearing of their case.
But while making reference to Isiolo Senator Fatuma Dullo who sought recourse at the tribunal when ODM removed her as Deputy Majority Leader of the Senate, Sifuna said the MPs' move will equally amount to naught.
"Desma Nungo is the very same person at the PPDT who issued ex-parte orders stopping the removal of Dullo as the Senate Minority Whip a few months ago. In the end the PPDT couldn’t force a relationship that had broken down to subsist," Sifuna said in a statement on Tuesday.
"Dullo went. The latest orders against ODM will suffer the same fate in the fullness of time. Any person celebrating ex-parte orders at the PPDT is legally a moron," the outspoken senator added.
Sifuna had earlier in the day cautioned Jalang'o that his seat was as good as gone even if he uses the court process to stay in office until 2027.
"I want to advise my friend Jalang'o that those telling him to quit ODM are misleading him since he cannot secure a reelection in Lang'ata on any other ticket apart from ODM," he said in an interview on Radio 47.
During the National Executive Committee (NEC) meeting convened by party leader Raila Odinga Wednesday last week, the five MPs were found to have violated Article 11 (1) (e) of the party constitution and section 14A of the Political Parties Act 2011 by openly associating with and supporting activities of a rival political party.
They were also found guilty of opposing lawful decisions and resolutions made by the party organs and as such, were deemed to have resigned from the party.
The NEC decision followed a series of meetings held by other party organs including the Central Committee of the party, the Disciplinary Committee and the National Elections Board.
"The party is hereby directed to commence the process of removing them from the register of the party," national chairman John Mbadi said while reading the resolution.
Jalang'o and Ojienda issued separate statements saying they are in ODM to stay despite the resolution.
Their counterparts Mark Nyamita (Uriri), Paul Abuor (Rongo) and Nairobi Woman Rep Esther Passaris were let off the hook with light punishments.
The male MPs were fined Sh1 million each while Passaris was ordered to pay Sh250,000 for voting for the Finance Bill, 2023 and asked to apologise in writing.
Four MCAs at the Kisumu County Assembly had their nominations revoked for gross misconduct.