Court paves way for suspension of ANC ward rep

Magistrate declines to rule on matter saying it is outside court's jurisdiction

In Summary

• Okanya was suspended on March 20 for what ANC termed 'internal breach of conduct'

• Court ruling allows party to proceed with disciplinary action

ANC secretary general Barrack Muluka
ANC CLEANUP: ANC secretary general Barrack Muluka
Image: FILE

ANC party will proceed with the disciplinary process for its nominated member of the Kakamega county assembly Jackline Okanya after the court declined to stop it.

Okanya had moved to court to contest the suspension of her membership for 30 days, terming the move an interference with the assembly. Speaker Morris Buluma declined to banish the ward rep, saying he had no problem with her.

But on Wednesday, Kakamega chief magistrate Bildad Ochieng declined to rule on the matter saying the court lacked jurisdiction. Ochieng referred her to the internal party dispute resolution mechanisms.


In its submissions, ANC through lawyer Mukhwana Alutalala said political disputes were special, citing it as the reason the Political Parties Disputes Tribunal was established.

“Politicians established the tribunal because they were aware that political party disputes cannot be dealt with in normal courts. The tribunal is an appeal court to which you only go after exhausting all internal mechanisms,” he said.

The party on March 20 suspended Okanya for what it termed 'a factor of internal breach of conduct' during which she was considered to be no longer representing the interests for which she was nominated.

Party secretary general Barrack Muluka said there will be no compromise on matters discipline within the party. He said the party will continue with the disciplinary process.

“Party organs will meet once our lawyers give us the court ruling and will deal with the matter effectively,” Muluka said.

 The court ruling, therefore, means the party will proceed with the MCA's suspension which she had stopped pending hearing and determination of her application unless she moved to the PPDT. 

ANC has recently been engaged in a cleanup to instill discipline within the party ranks. It has since expelled nominated MP Godfrey Osotsi from its membership for disrespecting its leader Musalia Mudavadi.


Osotsi has, however, filed an appeal against his expulsion at the PPDT which has suspended the move.

Edited by R.Wamochie