Opposition leader Raila Odinga has received another setback as the Political Parties Tribunal ruled against his party’s decision to expel five Members of Parliament from the Orange Democratic Movement (ODM).
Political Parties Tribunal, in a comprehensive ruling, has deemed the ODM disciplinary proceedings unprocedural and a violation of the MPs’ rights.
The tribunal also found the ODM Disciplinary Committee improperly constituted, rendering the NEC’s decision invalid.
“This Honourable Tribunal declares that the disciplinary proceedings against the complainant were unprocedural and in violation of the right to fair administrative action and fair hearings,” the ruling stated as quoted by the Star Newspaper on Friday 15th December.
The Tribunal, chaired by Deman Nungo and Stephen Musau, declared the expulsion of Gideon Ochanda, Caroli Omondi, Elisha Odhiambo, Senator Tom Ojienda, and Lang’ata MP Phelix Odiwuor irregular.
In July, ODM’s National Executive Committee (NEC), led by Raila Odinga, had ratified the recommendations of the Disciplinary Committee to expel the five lawmakers, who were considered renegades due to their association with President William Ruto. The MPs, predominantly from Raila’s Luo stronghold, faced accusations of betrayal after visiting State House against ODM’s objections.
The two-judge bench issued orders preventing the Registrar of Political Parties, Anne Nderitu, from removing the MPs’ names from the ODM register based on the July disciplinary proceedings. The opposition party was also directed to cover the legal costs.
ODM, in response, stated that they are reviewing the judgments and will decide whether to appeal. Anthony Moturi, ODM’s Director of Legal Services, mentioned inconsistencies in the rulings.
Raila Odinga has faced challenges in the past attempting to expel party members for alleged disloyalty, notably, the unsuccessful attempt to expel former Malindi MP Aisha Jumwa, now serving as the Public Service Cabinet Secretary, due to omissions of key statutory steps.
