ODM Members of Parliament expelled from the party on Wednesday are now headed to the Political Parties Dispute Tribunal in bid to overturn the verdict.
In what signals the beginning of a protracted legal battle with the party, the expelled lawmakers on Thursday described the decision to eject them from the party as "unfair and that which is politically instigated".
They vowed to take the war to the Political Parties Dispute Tribunal where they hope to get justice over the decision they insist is discriminatory and selective.
PPDT is a quasi-judicial body established under the Political Parties Act to handle amongst others disputes arising between political parties and their members.
Kisumu Senator Tom Ojienda unapologetically dismissed his expulsion from the Orange party and vowed he would not be intimidated to cut links with President William Ruto.
Ojienda, MPs Gideon Ochanda (Bondo), Caroli Omondi (Suba South), Phelix Odiwuor (Lang’ata) and Elisha Odhiambo were expelled from the party over alleged links with the President.
"My party has today expelled me for working with His Excellency President William Ruto. I have no apology and will continue to work with the President," Ojienda said on Wednesday.
Speaking to a local vernacular radio station, Ojienda wondered why the party singled them out while several elected leaders in the party including party leader Raila Odinga have met the President.
The senator said it was discriminatory to single them out when many MPs and governors elected on Azimio ticket have even closer dalliance with the government of the day.
“ODM and Azimio are in talks with Kenya Kwanza including party leader. Azimio MPs and governors are working with the government and they have not been punished,” Ojienda said.
“I will go to the Political Parties Tribunal to overturn that decision which is discriminatory and selective.”
The senator has already written to ODM seeking copies of the NEC minutes that adopted the disciplinary committee report as well as the report of the committee.
“We are writing to request typed proceedings of the ODM Disciplinary Tribunal with regard to the expulsion of Hon Prof Tom Ojienda,” he said in the letter dated September 7, 2023.
He defended his close links with President Ruto’s administration insisting that is the only way to win development for the region.
“We don’t have an apology for working with the President because we are working with the government for the sake of development in the region,” he said.
Gem MP Elisha Odhiambo has also indicated he will challenge the NEC’s decision at the PPDT.
Suba South MP Caroli Omondi told the Star he has not received official communication from the party and will make a comprehensive response once served.
“I am waiting for formal communication then I will respond, you can see I am going on with my usual duties. It is not clear to us whether that was the final decision or still subject of review of NGC,” he said.
“When they give full communication, we will respond accordingly. Let me assure all our supporters to be calm, we are still focused on development activities.”
Speaking at Parliament Buildings, the first-term MP was unapologetic over his association with the President.
“As a matter of fact the President will very soon be visiting Suba to launch the road that is already under construction,” he stated.
On Wednesday, the ODM National Executive Council adopted the disciplinary committee recommendations to expel five rebel MPs from the party.
The five expelled MPs are among nine opposition lawmakers who have been selling the Kenya Kwanza agenda despite Azimio's stand that they do not recognise Ruto as President.
Passaris, who defied the party’s position during the vote on the Finance Bill 2023, was fined Sh250,000 to be paid within 60 days.
She was also ordered to tender a written apology to the party within seven days.
Uriri MP Mark Nyamita and his Rongo counterpart Paul Abuor were also ordered to tender written apologies to the party by next week Wednesday.
The two will also cough out Sh1 million each in fines to Orange House.
The expulsion has however elicited mixed reactions from different political players with some terming it anti-democracy.
Former Mukurweini MP Kabando Wa Kabando backed the move by ODM to expel rebel MPs from the party.
"Expulsion of MPs elected on ODM party for defecting is timely and right," he said.
In a statement on Wednesday, Kabando said when one's politics conflicts with their party, there is only one option left.
"If your politics is in conflict with the party that sponsored you, quit to face by-election. To anchor multiparty democracy, political cannibalism and opportunism must end," he said.
Nandi Senator Samson Cherargei however faulted ODM’s decision calling it a double-standards.
“Double standards by Azimio-OKA, Tinga is unprecedented and hypocritical because Kalonzo was in State House yesterday where before him my law lecturer Senator Ojienda, Jalang'o and others visited State House,” Cherargei said.
“Kalonzo should also be expelled from the Azimio-OKA /Wiper Party for going to state House yesterday.