The Clerk of the National Assembly has refused to revoke the nomination of ANC nominated MP Godfrey Osotsi.
Last month ANC wrote to the clerk and Registrar of Political Parties Ann Nderitu communicating its decision to kick Osotsi out of the party.
Nderitu declined and asked the party to give her office Internal Dispute Resolution Mechanism Proceedings, including the correspondences between ANC and Osotsi.
On Wednesday, National Assembly Clerk Michael Sialai, in responding to ANC’s March 19 letter, said the party had not satisfied critical requirements of the Constitution guiding the removal of an MP.
“We are unable to take any action on this matter until the provisions of Articles 103 and 105 of the Constitution have been complied with,” he said in a letter seen by the Star.
Article 103 spells out circumstances under which a vacancy can be declared, while Article 105 states that the High Court shall hear and determine any question whether a person has been validly elected as MP or the seat of a member has become vacant.
The Musalia Mudavadi-led party expelled Osotsi over alleged misuse of funds when he served as secretary general.
ANC's National Executive Committee cited findings of an audit of the party's funds during the last election, which showed that Sh56 million could not be accounted for.
Osotsi and nominated Senator Petronila Were, who was then ANC treasurer, were implicated in the audit, which has since become a subject of investigations by the Directorate of Criminal Investigations.
The bad blood between the nominated MP and his party started immediately after the 12th Parliament was sworn in.
He was branded a rebel for allegedly advancing the agenda of ODM and opposition chief Raila Odinga.
The party tried to kick him out as secretary general. The matter is still in court.
Osotsi has claimed ownership of the party, which he says he founded in 2015 nine other like-minded Kenyans. He says he only roped in Mudavadi after he was kicked out of UDF.
“In order to take the necessary action as required by law and in line with section 14 (7) of the Political Parties Act, 2011, the party is requested to furnish the Office with the requisite Internal Dispute Resolution Mechanism proceedings which should include the correspondences between the party and the concerned honourable member,” said Nderitu in a March 21 letter to ANC.
