Africa-Press – Kenya. Political analyst Herman Manyora has said the minute a party expels an elected member, the legislator can no longer be an MP.
He said being a member of a party is a requirement for one to be a member of Parliament.
“According to Article 99(c) a very critical requirement is that you have to be a member of a political party. So, the moment your political party expels you, you are no longer a member of Parliament,” Manyora said.
Manyora spoke on Friday during an interview with KTN.
“If you no longer meet the qualification for being a member of Parliament, then you seize to be one,” he affirmed.
The Political Parties Act provides that a party member may only be expelled for contravening the party constitution, and after being accorded a fair hearing in accordance with internal dispute resolution mechanisms.
A member of a political party may therefore be deemed to have resigned upon a resolution of the national executive committee of the political party.
If justified, the Registrar may make a declaration based on sufficient grounds for the person to be deemed to have resigned and effectively remove them from the party list.
Manyora said said if the Constitution is followed to the later, then there will be no debate on the matter on whether the ousted legislators should still hold their positions.
“The Constitution is very clear the moment ODM expels you from their party you are no longer a Member of Parliament,” Manyora added.
Manyora said only the Registrar of Political parties and the tribunal can delay the process of removing the expelled legislators from the offices they hold.
This comes after ODM’s National Executive Committee on Wednesday moved to expel five MPs it termed as rebels including Kisumu Senator Tom Ojienda for supporting activities of a rival political party.
The expelled MPs are Elisha Ochieng’ Odhiambo (Gem), Caroli Omondi (Suba South), Gideon Ochanda (Bondo) and Phelix Odiwuor alias Jalang’o (Lang’ata).
The NEC meeting that ratified the Disciplinary Committee recommendation to expel them was convened by ODM party leader Raila Odinga and chaired by national chairman John Mbadi.
“The party is hereby directed to commence the process of removing them from the register of the party,” Mbadi said in a statement.
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