- A member can only be struck off the register if the office is satisfied that the procedure was followed including giving the accused a fair hearing.
- The Kioni team is expected to file the resolutions of the NDC with the registrar's office as well.
Image: EZEKIEL AMING'A
All eyes are now on the political parties registrar Anne Nderitu after two rival factions clashed over the legality of the Jubilee National Delegates Convention.
During a National Delegates Convention at Ngong' Racecourse and chaired by Uhuru, 12 members including Kanini Kega and Sabina Chege were expelled from the party.
The developments came hours days after the other faction led by Kega and Chege filed with the office of the registrar of political parties resolutions to kick out Uhuru's allies as officials.
The Kega camp wrote after the May 19 National Executive Council meeting that ejected besieged secretary general Jeremiah Kioni, Vice Chairperson Murathe and Treasurer Kagwe Gichohi.
The team also forwarded to the office resolutions of the Internal Dispute Resolution Committee that stayed the NDC until its legality was determined.
With the Kioni team expected to file the resolutions of the NDC with the office as well, the ball will now be in the registrar's court to establish which faction followed the law and the Jubilee Constitution.
A member can only be struck off the register if the office is satisfied that the procedure was followed including giving the accused a fair hearing.
Already, the office had referred back for resolving disputes over the replacement of officials and expulsion of Jubilee members.
A decision by the registrar will guide the next phase of the conflict, with aggrieved parties expected to move to the Political Parties Dispute Resolution Committee.
This would signal a legal showdown between retired Uhuru's faction and party members who were allegedly expelled on Monday.
Delegates endorsed a motion by besieged Jubilee secretary general Jeremiah Kioni and resolved to have the members ejected from the party.
However, the move faces legal headwinds with the Political Parties Act 2011 providing for an elaborate mechanism to expel a member of a political party.
The law requires that before a member is expelled from a political party, they must be taken through an internal disciplinary mechanism and also be accorded an opportunity to defend themselves.
"A member of a political party may only be expelled from that political party if the member has infringed the Constitution of the political party and after the member has been afforded a fair opportunity to be heard in accordance with their internal party disputes resolution mechanisms as prescribed in the Constitution of the party," reads section 14(7).
The law provides that the process of discipline and expulsion of a member are vested in a political party's constitution.
The Jubilee party constitution that was adopted during the party's NDC in 2017 outlines five ways by which a member can lose membership.
A member shall cease to be a member if one resigns, promotes the activities of any other political party, contravenes the Party’s constitution or the code of conduct, has membership terminated upon a disciplinary procedure and has failed to pay the subscriptions or any other dues after a letter of warning by NEC.
The powers for the expulsion of a member are not vested in the NDC but the party's disciplinary committee which must report the finding to NEC for endorsement.
The Jubilee constitution provides that in the discharge of its disciplinary mandate, the NEC may suspend a member, expel a member or fine a member.
NEC can also remove the whip from a member of committees of Parliament or County Assemblies, set aside a decision, review its own decision, substitute or uphold a penalty imposed by any disciplinary organ.
The Jubilee NEC which is comprised of 28 members has the majority allied to the rebels and had not sanctioned the Uhuru-led NDC which they had termed as illegal.
Uhuru's NDC picked new officials on Monday to replace the Kega camp.
They include Jamleck Kamau (national director of elections), Maison Leshoomo (national women’s league chairperson), Agnes Thumbi (national youth league leader) and Nderitu Mureithi (business council leader).
Other nominated members are Beatrice Gabo (deputy party leader strategy), Maoka Maore (deputy party leader operations), David Manje (deputy party leader operations), Kados Muiruri (deputy party leader outreach), Saitoti Torome (chairman), Yasin Noor (deputy secretary general) and Pauline Njoroge (deputy organising secretary).