Amani National Congress party has criticised the Registrar of Political Parties Ann Nderitu for failing to expunge the name of Kakamega Senator Cleophas Malala from its membership list.
ANC secretary general Barrack Muluka on Tuesday accused Nderitu of abdicating her role of ensuring parties are well managed, adding that she arrogated herself the role of protecting truant members.
"Sometimes you have to get used to playing against both the other team and the referee, my brother. Here is the ORPP attempting to let a truant member escape, based on nonexistent articles in the ANC party constitution! We will not allow that to go on," Muluka told the Star on the phone.
The party's Special National Governing Council on Jun 26 ratified expulsion of Malala for disloyalty to the party leadership. The registrar was then told to effect the change, a situation that would have seen the lawmaker lose his seat, prompting a by-election.
Undeterred by the move, Malala said he would not be intimidated and would not contest the expulsion. He said he was ready to face anyone in a by-election to seek fresh mandate if his expulsion would result in that.
However, on Monday, the registrar wrote to the party saying the process for Malala's expulsion was not conducted within the stipulated timelines under Article 49 of the party constitution.
"The National Governing Council did not approve the disciplinary committee as reconstituted by the NEC in line with Article 46(I),(d)(ii) of the party constitution," Nderitu said in a letter dated July 6.
But Muluka said the registrar relied on nonexistent articles of the party constitution to reject their application. He said Article 49 has nothing to do with timelines on disciplinary matters, while the cited Article 46(I),(d),(ii) does not exist.
"The registrar's decision is based on nonexistent articles in our constitution. I don't know which constitution she is reading. We are taking up the matter with her today (Tuesday). I think someone is trying to buy time for Cleophas (Malala)," Muluka said.
He said the work of the registrar is to ensure parties are managed well as institutions and not to rescue truant members through nonexistent articles.
Edited by F'Orieny
