Ten expelled ODM rebel MPs yesterday suffered a blow after the party’s National Governing Council unanimously dismissed their appeals.
Delegates from across the country upheld the party’s decision of expelling renegade legislators to allow for by-elections for decamping to the Jubilee Party.
The appeals were dismissed during the NGC special meeting at Orange House because the appellants did not give substantial grounds challenging their expulsion.
ODM deputy party leader Wycliffe Oparanya, who chaired the meeting, welcomed the expulsion, saying it will restore sanity in the party.
“It is now the work of our acting secretary general to act quickly by forwarding our resolutions to the Registrar of Political Parties to take action as required. The resolutions should also be forwarded to National Assembly Speaker for these seats to be declared vacant for by-elections,” Oparanya said.
The expelled legislators include Kwale Governor Salim Mvurya, Kisii Deputy Governor Joash Maangi, Kwale woman representative Zainab Chidzuga, Steven Kariuki (Mathare), Isaac Mwaura (nominated), John Waluke (Sirisia), Samuel Arama (Nakuru Town West), Masoud Mwahima (Likoni), Ababu Namwamba (Budalang'i) and Viwandani MCA Samwel Nyang'wara.
The legislators, in appeals through their lawyer Kioko Kilukumi, said they only attended the launch of Jubilee Party as “invitees” hence ODM cannot consider them to have defected.
They also questioned the legality of the five-member disciplinary committee chaired by Fred Athuok that grilled them and recommended their expulsion.
ODM executive director Oduor Ong’wen said the party’s Legal Committee, chaired by Westlands MP Timothy Wanyonyi, established that the rebels were not committed to the party and its constitution.
“The legal committee went through the submissions by the appellants and the claim by Mvurya that he attended the launch of Jubilee Party as an invitee is not true. In a video clip he was introduced and confirmed to have defected from the party,” he said.
The delegates maintained that the rebels should be deregistered from the party because their pattern of behaviour does not show remorse. They cited several incidents and singled out lawmakers who have publicly "insulted the party leader and talked against the party".
Kilukumi had earlier warned that failure to get justice for his clients from the party’s internal mechanism will prompt intervention from other legal systems.
The lawyer said he will appeal to the political parties tribunal, high court, court of appeal and the supreme court.
The lengthy judicial process may drag on until next year to hamper Odm's push to have by-elections because the law bars by-elections 90 days to the general election in August.
Odm chairman John Mbadi asked NGC to also refer Kwale deputy governor Fatuma Achani to the disciplinary committee because she was "behaving like her boss who defected."
Mbadi said Achani who is indicating signs of defecting cannot take over the county leadership when the party succeeds yo unseat Mvurya.
Four governors including Evans Kidero (Nairobi), JosEphat Nanok (Turkana), Okoth Obado (Migori) and two deputy governors attended the special NGC meeting. Over 15 MPs amd more than 10 MCAs were also present.