Malindi MP Asha Jumwa and her Msambweni counterpart Suleiman Dori have hired Elgeyo Marakwet Senator Kipchumba Murkomen to fight their expulsion from the ODM.
The two, in a letter copied to the ODM
National Governing Council said there was complete disregard of the constitution of the party in the manner and style the disciplinary committee arrived at the decision to expel them.
They have further dismissed claims that they are supporting Deputy President William Ruto's 2022 presidential bid.
In the letter, Murkomen said the two MPs are aware of ODM's position to support government initiatives under the Building Bridges Initiative that arose following the handshake between President Uhuru Kenyatta and Opposition chief Raila Odinga.
He said any such association with the government including DP Ruto was in line with the initiative and an exercise of freedom of association.
"An allegation that the two MPs supported a presidential candidate other than an ODM candidate is baseless and outrageous as no party has nominated such a candidate as at the time of the alleged utterances," he said.
Insisting that the nomination
for presidential candidates is yet to be done, Murkomen said ODM should set aside the decision by National Executive Committee and in the process protect and respect individuals' rights and freedoms.
"A political party cannot, therefore, unjustly vilify a member who is exercising their rights as protected in the Constitution," he said.
He said the two MPs should, therefore, be accorded their rightful entitlement in ODM's constitution, to appear represented by lawyers before the National Governing Council within six months to defend themselves against the decision by the disciplinary committee.
Murkomen who is the Senate Majority leader said the sitting by ODM's disciplinary committee was fatally defective, null and void.
ODM's National Executive Council last month adopted the disciplinary committee's recommendation to expel the two rebel MPs.
The duo was further dewhipped from all parliamentary committees with immediate effect.
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But Murkomen, in the protest letter to the NGC, said there was no constituted National Executive Committee on December 4, 2018, to receive and approve the impugned committee report.
"The appellants never appeared before any properly constituted NEC. As a matter of fact, there was no NEC convened as required by the law," Murkomen said.
He added, "No notice of convention, no attendance schedule and no minutes were availed on the alleged NEC which never was".
Murkomen said the impugned disciplinary process flouted rules of natural justice and the right to a fair hearing under ODM's constitution.
He said the show-cause letter from Chairman John Mbadi was vague on grounds that it indicated Mbadi had received complaints regarding conduct and utterances of the two legislators, alleging such was incompatible with leaders elected on an ODM ticket.
"The alleged complaints were never made available to the appellants as required by law. As a matter of fact, there was no complaint against the appellants," Murkomen protested.
The legislator further argued that political parties are created and structured to advance, not undermine the values and principles of good governance.
He said such expectation is both express and implied.
"Political parties are institutions intended to strengthen and advance democracy, inclusivity, justice and the rule of law. It is, therefore, a constitutionally entrenched expectation that a key implicit objective and purpose of any party is the protection and enhancement of justice, democracy, human rights and fundamental freedoms," he said.
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