Raila suffers major blow as ODM rebels triumph in party tribunal

The Tribunal in a verdict by chairman Deman Nungo and Stephen Musau, found the expulsion of Gideon Ochanda (Bondo), Caroli Omondi (Suba South ), Elisha Odhiambo (Gem), Kisumu Senator Tom Ojienda and Lang'ata MP Phelix Odiwuor alias Jalang'o irregular.

In July, ODM National Executive Committee (NEC) chaired by party leader Raila, ratified the Disciplinary Committee's recommendations to expel the five rebel lawmakers.

The legislators, mainly from Raila’s Luo turf, were viewed as renegades within the ODM’s party file over their association with President William Ruto.

Raila had accused the MPs of betrayal after they visited State House a number of times to meet the President despite ODM's objection.

The committee—the party’s top decision making organ—resolved to trigger the formal process that will lead to the MPs being kicked out of the party in the coming weeks.

But in a landmark ruling delivered virtually on November 29, 2023, the tribunal termed the ODM disciplinary proceedings unprocedural  and a violation of their (MPs) rights.

The tribunal also found the ODM Disciplinary Committee not properly constituted rendering the decision of the National Executive Committee invalid.

“This Honourable Tribunal declares that the disciplinary proceedings against the complainant were unprocedural and in violation of the right to fair administrative action and fair hearings as per Article 47 and 50 of the Constitution of Kenya 2010, Section 14A(2) of the Political Parties Act, the Fiar Administrative Action Act,” the ruling reads in parts.

“The Honourable Tribunal hereby declares the Disciplinary Committee was not properly constituted and thus the decision of the National Executive Committee adopting recommendations of the said committee is invalid and has no effect in law.”

The two-judge bench also issued orders barring the Registrar of Political Parties Anne Nderitu from removing the names of the MPs from the register of members of ODM on the basis of illegal July disciplinary proceedings.

The opposition party was also directed to bear the legal cost.

“The 1st Respondent shall bear the cost of these proceedings,” the ruling reads.

ODM yesterday told the Star that they are still going through the judgements and will soon decide whether to appeal the ruling or not.

Through their Director Legal Services Anthony Moturi, the opposition party claimed inconsistencies in the rulings.

“We are looking at the judgments after which we will advise the party in the next course of action,” Moturi said.

This is not the first time Raila is hitting a snag in trying to expel a member of his party for alleged disloyalty.

Previously, the party unsuccessfully tried to expel former Malindi MP and now Public Service CS Aisha Jumwa over omissions of key statutory steps.