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Bomas talks: Cap court process for party rebels at 60 days – Azimio

They also wants dissidents to lose seats after party resolutions.

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by JAMES MBAKA

News04 October 2023 - 11:46
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In Summary


  • Raila's bid to expel rebels in ODM has been delayed by a lengthy court process.
  • Azimio wants speakers of parliament and assemblies to declare seats vacant within 14 days.
National Dialogue Committee at the Bomas of Kenya for talks on October 3, 2023.

Raila Odinga's Azimio la Umoja Coalition now wants the Constitution amended to cap the court process by party rebels at 60 days.

In the coalition's proposals to the National Dialogue Committee, the opposition wants the law to have specific timelines for the appeals process.

Currently, the law does not expressly set timeliness for the hearing and determination of cases filed by politicians who have been expelled from parties.

Despite having kicked out five MPs from the Orange Democratic Movement(ODM) party, Raila's bid has been frustrated by winding court appeals.

"Some Members of Jubilee and ODM Parties attempted to shift sides and run with the KK regime’s political ideology but were recently disciplined from the party. However, they are currently receiving protection and patronage from the regime,'' Azimio says in its document submitted to NADCO.

Azimio argues that there is a lacuna in law that sets a dangerous ground where cases are drug in courts and even remain unconcluded by the end of the terms of affected MPs.

The coalition accuses President William Ruto of engineering to distabilise political parties.

"Immediately Ruto was declared, he embarked on the interference with the affairs of the Jubilee and ODM parties and sponsoring parallel factions to destabilize the parties,'' Azimio says.

This, the coalition argues, has frustrated political parties from instilling party discipline and compliance with multiparty tenets.

At the same time, the coalition wants the constitution amended to compel the Speakers of Parliament and the County Assemblies to implement the decisions of political parties on expulsion.

They want the law to provide expressly that once a political party resolved to expel an elected or nominated member, their seats must be declared vacant within 14 days and without leeway.

"Amend the Constitution to compel/obligate the Speakers of Parliament/County Assemblies to implement the decision of a political party expelling an elected/nominated member without leeway within 14 days from the date of receipt of the request by the party unless the decision is successfully challenged by an aggrieved member in the appropriate judicial process,'" reads the proposal in part.

The coalition is also proposing that the law be amended so that MPs, and MCAs who cross over to other political parties seek fresh mandate from the people.

To this effect, Raila's coalition is seeking to amend Article 130 and Section 14 of the Political Parties Act to provide for express provisions.

In the coalition's document submitted on Tuesday, they have cited a decision by Azimio boss Raila Odinga to resign from Parliament and seek a fresh mandate in 1994.

Raila who was aggrieved by then FORD, formed NDP in 1994 and LDP in 2022 when he was unhappy with Kanu.

He later joined the NARC coalition and formed ODM in 2005 when he was unhappy with the party.

The ODM party 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 it opposes.

The MPs are Elisha Odhiambo (Gem), Caroli Omondi (Suba South), Gideon Ochanda (Bondo), Phelix Odiwuor (Lang’ata) and Kisumu Senator Tom Ojienda.

They moved to the Political Parties Dispute Tribunal and obtained orders to stay the expulsion pending the hearing of their case.

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