• ODM secretary general says she disregarded party and its leadership
• Registrar of Parties yet to strike off her name
Image: JACK OWUOR
ODM on Friday maintained it followed the right procedure in expelling Malindi MP Aisha Jumwa from the party.
In an affidavit filed in court by secretary general Edwin Sifuna, the party denied Jumwa’s claims that she was treated unfairly. He said there is enough evidence to show Jumwa broke party rules.
“Jumwa said there was no evidence provided linking her to offensive utterances and yet the Disciplinary Committee presented evidence. There are several videos broadcast on national TVs, on YouTube channel and the same were handed over to her advocates,” Sifuna said.
He said Jumwa’s utterances in several public forums pointed to a disregard of the party, its leadership and procedures.
Sifuna said even though Jumwa says she enjoys freedom of association, it is, however, limited for elected MPs under Article 103(1) (e) of the Constitution.
It states that the office of MP becomes vacant when a member elected to Parliament as a member of a political party resigns or is deemed to have resigned from the party.
ODM said Jumwa’s lawyer had asked that the meeting be carried out at a neutral place. The committee accepted the request to ensure probity, fairness and equity. The hearing was moved, by consent, to October 19, 2018.
The party also denied claims that the committee was not properly constituted when it convened to hear her case.
“On the rescheduled date the claimant appeared accompanied by her advocate and requested to be heard by the Disciplinary Committee members present as she was in a hurry to attend to parliamentary matters," the affidavit reads in part.
"She further affirmed that the committee was validly constituted and stated that she would rely on the written representations filed on her behalf. This is contrary to her allegations as contained in paragraph 9 of the complaint."
In the complaint before the Political Parties Tribunal, Jumwa, through lawyer Kipchumba Murkomen, argues that the decision to expel her was unlawful.
The tribunal temporarily barred ODM from expelling her until the case is determined.
Speaking in court last week, the Registrar of Political Parties said they are yet to delete Jumwa’s name from the party list.
Early last month, ODM’s National Governing Council ratified its Executive Council's decision to kick out Jumwa.