• Ojienda, Odhiambo and Jalang'o challenged their expulsion over allegations of violating the party’s constitution.
• They claim the entire disciplinary proceedings preceding the precipitate action of the party were tempered by illegalities and unconstitutionality.
The Political Parties Disputes Tribunal (PPDT) has extended orders that stopped the Orange Democratic Movement (ODM) from expelling Kisumu Senator Tom Ojienda and MP Elisha Odhiambo (Gem) from the party.
The PPDT chaired by Desma Nungo on Thursday evening extended the orders and directed the ODM party and office of the registrar of political parties to file their responses.
The case will be mentioned on October 3.
Ojienda, Odhiambo and Jalang'o challenged their expulsion over allegations of violating the party’s constitution.
“In the interim and pending the hearing and determination of this Application, this Honourable Tribunal hereby issues interim conservatory orders staying the implementation and/or execution of the decision of the 1st Respondent to expel the Complainants/Applicants, from the Orange Democratic Movement Party,” PPDT chairperson Desma Nungo says in court papers.
The Tribunal will mention Jalang'os case on Monday for directions.
Ojienda, Odhiambo and Jalang’o were expelled alongside MPs Caroli Omondi (Suba South) and Gideon Ochanda (Bondo).
In court documents, the three states that on September 6, 2023, to their surprise, not having been heard on the subject charges, ODM party issued a presser that the National Executive Committee of the ODM had passed a resolution to adopt the recommendations of the ODM Disciplinary Committee to expel from the party and deregister them as members.
"This notification of expulsion and deregistration from the party is shocking to the Complainant because he was not given a chance to be heard on the subject complaints.
Neither was he given an opportunity to defend himself nor informed or notified of any decision and reasons as to why the 1st Respondent's National Executive Committee has taken such a draconian measure."
They claim the entire disciplinary proceedings preceding the precipitate action of the party were tempered by illegalities and unconstitutionality.
They claim that the entire process does not meet the trammels of law set by the Political Parties Act, the Constitution of Kenya, ODM Disciplinary Rules and the ODM constitution.
"Should the office of the registrar of political parties (2nd Respondent) act on the illegal and unprocedural decision of the 1st Respondent to expel the Complainants, they will be greatly prejudiced and their rights would be violated through a choreographed disciplinary process that was flawed, biased and unprocedural from the beginning to the end," they argue.
They were accused of violating ODM’s constitution and the Political Parties Act 2011 by openly associating with and supporting activities of a rival political outfit, as well as opposing lawful decisions made by party organs.