- The case is coming up to check on compliance and for further directions.
- The court directed that the application be served to the respondents within two days.
Image: The Star
The Political Parties Disputes Tribunal will today mention a case where ODM is seeking to expel Kisumu Senator Tom Ojienda and MPs Elisha Odhiambo (Gem) and Felix 'Jalang'o' Odiwuor (Lang'ata) from the party.
The case is coming up to check on compliance and for further directions.
Two weeks ago, the PPDT temporarily stopped the ODM party from expelling the three lawmakers after they challenged their expulsion over allegations of violating the party’s constitution.
“In the interim and pending the hearing and determination of this application, this Tribunal issues interim conservatory orders staying the implementation and/or execution of the decision of the 1st Respondent to expel the Complainants/Applicants, from the Orange Democratic Movement Party,” PPDT chairperson Desma Nungo says in court papers.
The court directed that the application be served to the respondents within two days.
Ojienda, Odhiambo and Jalang’o were expelled alongside MPs Caroli Omondi (Suba South) and Gideon Ochanda (Bondo).
In court documents, the three states that on September 6, to their surprise, not having been heard on the subject charges, the ODM party issued a presser that the National Executive Committee of the ODM had passed a resolution to adopt the recommendations of the ODM Disciplinary Committee to expel from the party and deregister them as members.
"This notification of expulsion and deregistration from the party is shocking to the Complainant because he was not given a chance to be heard on the subject complaints. Neither was he allowed to defend himself nor informed or notified of any decision and reasons as to why the 1st Respondent's National Executive Committee has taken such a draconian measure."
They claim the entire disciplinary proceedings preceding the precipitate action of the party were tempered by illegalities and unconstitutionality.
They claim that the process does not meet the trammels of law set by the Political Parties Act, the Constitution, ODM Disciplinary Rules and the ODM constitution.