Africa-Press – Kenya. ODM rebel MPs will now have a date with the disciplinary committee on Monday next week, the party has said.
The Disciplinary Committee chaired by Prof Ben Sihanya on Tuesday wrote to the seven MPs communicating the new date.
The MPs are Elisha Odhiambo (Gem), Gideon Ochanda (Bondo), Paul Abuor (Rongo), Mark Nyamita (Uriri), Felix Oduor (Langata), Caroli Omondi (Suba South), Esther Passaris (Nairobi) and Kisumu senator Tom Ojienda.
The lawmakers were initially to appear before the Committee on Wednesday this week, the same day the opposition started its three-day demonstrations against the high cost of living in the country.
“The ODM Disciplinary Committee pursuant to Articles 75 and 76 of the ODM constitution summons you to appear in person before the Committee sitting on Monday 24th July 2023 at 11.30 am for the hearing of the complaint against you at a venue that will be communicated to you in due course within Nairobi City County, ” Sihanya said in his letter dated July 18.
Initially, the meeting was to take place at Chungwa House but appears the party climbed down after the lawmakers demanded to appear at a neutral ground.
Sihanya insisted the members must appear in person as the party will not entertain any representation.
“In default by your appearance, the ODM Disciplinary Committee will take appropriate action as provided by the ODM Party Constitution without any further reference to you,” Sihanya said.
The MPs are accused of defying the party’s position and met President William Ruto at State House.
Migori Senator Eddie Gichuru, who is the complainant in the case, wants the party to expel the MPs and have them recalled for violating Section 14A (1) (e) of the Political Parties Act.
“A person who, while being a member of a political party, shall be deemed to have resigned from the party if the person (1) promotes the ideology, interests or policies of another political party,” it reads.
Passaris is dragged to the dreaded disciplinary committee for her decision to support the controversial Finance Bill 2023, now Act of Parliament, against express instructions of the party that Azimio MPs vote against the bill.
“By refusing, declining, neglecting and/or failing to vote in accordance with the party’s position, you violated Article 11(1)(e) of the ODM constitution, the Code of Conduct and lawful decisions,” Passaris’ summon letter reads.
It adds that she also violated the Constitution of Kenya, 2010, Political Parties Act, 2011 and other relevant laws.
According to the summons seen by the Star, the remaining seven MPs will all face five similar charges of associating and supporting the policies of a rival political party and contradicting the party’s position.
They are also accused of betraying public trust bestowed on them by party members and promoting the ideology, interests and policies of another political party as well as gross misconduct.
The summons follows a top party organ meeting chaired by party leader Raila Odinga that early this month ratified the process of expelling at least seven rebel lawmakers.
The Management Committee had resolved to trigger the formal process that will lead to the MPs being kicked out of the party in the coming weeks.
According to the ODM constitution, a disciplinary process can lead to either reprimanding the member, censuring or fining the member.
The process can also recommend either suspension or expulsion from the party.
“In conducting the hearing, the Disciplinary Committee will also be guided by the principles of fair administrative action, natural justice and due process,” Sihanya said.
The ODM constitution states that once the disciplinary committee recommends expulsion, the decisions will be brought before the National Executive Committee.
NEC will decide to uphold the verdict and recommend to the National Governing Council the ratification of the same.
The National Delegates Convention is not required to formally review the decision to expel rebels but may be convened when necessary to ratify the same as the supreme organ.
The party will then write to the Registrar of Political Parties Anne Nderitu, seeking the removal of the rebels from the ODM register.
Previously, the party unsuccessfully tried to expel former Malindi MP and now Public Service CS Aisha Jumwa over omissions of key statutory steps.
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