• The party on Wednesday expelled five MPs following a National Executive Committee meeting that found them guilty of violating the party Constitution.
• "Raila ran on Azimio. He is still asking for servers to be opened saying Azimio won. So, in what capacity did he sit? Maliba posed.
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Political analyst Arnold Maliba has said the decision by the ODM party to expel five of its members is null and void.
The party on Wednesday expelled five MPs following a National Executive Committee meeting that found them guilty of violating the party Constitution.
"The ruling and even the statement made by John Mbadi is null and void because a foreigner chaired the disciplinary committee. Raila is a foreigner in ODM,” Maliba said.
"Raila is not a member of ODM. Raila and Martha Karua are members of Azimio and they have publicly presented themselves as the people who ran on Azimio which is actually a party.”
Maliba who was speaking in an interview with NTV he said the members who were kicked out should be happy because a foreigner to the party chaired the disciplinary committee.
He added that the registrar of political parties Ann Nderitu should come out clear and tell the public whether section 14 of the Political Parties Act is effective specifically where no one should belong to two political parties.
"Raila ran on Azimio. He is still asking for servers to be opened saying Azimio won. So, in what capacity did he sit? Maliba posed.
"This is a foreigner sitting in an ODM meeting to discipline ODM members,” Maliba terming the decision null.
However, the Political Parties Amendment Act, 2022 protects members of constituent parties in Azimio from losing membership of their original political outfits.
ODM's National Executive Committee (NEC) on Wednesday held a meeting under the leadership of Raila and chaired by national chairman John Mbadi.
The team said the MPs who were expelled from the party 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, Kenya Kwanza.
As a result, NEC said Elisha Ochieng’ (Gem), Caroli Omondi (Suba South), Gideon Ochanda (Bondo), Tom Ojienda (Senator, Kisumu County) and Phelix OdiwuorKodhe (Lang’ata) were deemed to have resigned from the party.
"The party is hereby directed to commence the process of removing them from the register of the party," Mbadi said in a statement.
The nomination of Caroline Opar, Kennedy Ajwang’, Peter Obaso and Regina Kizito as members of the Kisumu County Assembly was also revoked over gross misconduct.
Nairobi Woman Rep Esther Passaris was also fined Sh250,000 and directed to issue a written apology for defying the party position and voting for the Finance Bill, 2023.
Mark Ogolla Nyamita (Uriri) and Paul Abuor (Rongo) were each fined Sh1 million within 60 days.
The NEC was convened almost a month since the renegade members appeared before the disciplinary committee to defend themselves from the accusations of gross misconduct.
According to the ODM constitution, a disciplinary process can lead to either reprimanding the member, censuring or fining the member.