• Osotsi Says he was not accorded fair hearing before decision was made; has no idea why party kicked him out.
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ANC Nominated MP Godfrey Osotsi has challenged the decision by the party to expel him over alleged misappropriation of funds.
The MP wants the court to quash the decision of the disciplinary committee and the National Executive Committee of ANC.
The legislator claims that in a letter dated March 19, 2019, Barack Muluka wrote to him, the media, the Registrar of Political Parties and the Speaker of the National Assembly claiming that the disciplinary committee and NEC had decided to expel him from party membership.
Through his lawyer Jackson Awele, Osotsi says he was not accorded a fair hearing prior to making of the decision and he is not privy to the reasons upon which the decision was based.
“The party has consistently, deliberately and maliciously withheld essential information that would enable me to substantively respond to the purported charges leveled against me and facilitate application for an appeal or review,” he alleged.
In a letter dated January 10, 2019, the party disciplinary committee secretary Dan Ameyo wrote to Osotsi a notice of complaints and commencement of disciplinary proceedings against him, accusing him of financial improprieties allegedly flagged by the Auditor General.
The allegations against him are that he failed to prepare a budget or financial statement, failed to honor party requests and invasions to explain various queries, failure to account for Sh 50 million and withdrawal of cash and suspicions of failing to remit all revenue received by the party, among other offenses.
But the MP says according to the party constitution the treasurer is in charge of finances and budgets at all party levels.
“In light of the foregoing, the invitation to the MP to explain the queries relating to the constitutional mandate of the party treasurer and whose records were at the time in the exclusive control of the party was mischievous, unreasonable and merely for procedural expediency,” the court petition reads.
The MP claims that in a letter dated March 22, he requested copies of the detailed written reasons of the National Executive Committee and the disciplinary committee.
Awele says since October 2017, Osotsi has had no access or control of the party records having been illegally removed from office.
“There is a frantic pre-occupation with ensuring that I am struck off the register of members of the party and to commence removal proceedings against me as an MP,” he claims.
According to him, currently, there is a pending civil case before the civil division between him and the party which is an appeal lodged by ANC against a finding of the PPDT that the party unfairly and illegally attempted to oust him from his position as the secretary general.
He alleges that the appeal is pending and it is evident that the decision to expel him is intended to pre-empt the outcome of the appeal should it favor him.
“From the evidence herein, it is evident that the impugned decision is the continuation of an unlawful campaign against Osotsi to suppress his democratic right to dissent and is otherwise totally unfounded and malicious” reads court document.