The Orange Democratic Movement (ODM) party has suffered a huge set back after its decision to kick out Malindi Member of Parliament Aisha Jumwa was declared null and void by the Political Parties and Disputes Tribunal.
In the Friday ruling, three members of the PPDT ruled that the proceedings by the party’s disciplinary committee held on October 19, 2018 were improperly constituted, rendering the report invalid as it lacked effect in law.
“The tribunal hereby declares that the proceedings violated Article 47 of the constitution … were unprocedural and violated provisions of the Political Parties Act, Fair Administrative Action Act and Article 8.4.2 of the ODM,” the Tribunal.
The members, Kyalo Mbobu, Desma Nungo and Adelaide Mbithi, referred the matter back to the party but said the fresh disciplinary process should be guided by rule of law and the parties constitution.
Responding to the ruling, ODM Secretary General Edwin Sifuna told a local media that the party had received the tribunal’s decision and would give an update after convening a meeting.
Jumwa was expelled from the party in March 1. Her co-accused, Msambeni MP Suleiman Dori was spared.
Defiant Jumwa maintained the decision to expel her from ODM was unfair and should be reviewed.
The legislator, through lawyer Hillary Sigei, told the Political Parties Tribunal that the punishment was outrightly unfair, excessive and ought to be revised.
Jumwa argued that the disciplinary committee was not properly constituted, thus any decision made thereafter was illegal, null and void.
ODM disciplinary committee had recommended the expulsion of Jumwa and Dori for openly supporting Deputy President Ruto’s 2022 ambitions, ‘contrary to the party’s act.’ The decision was was adopted by the National Governing Council (NGC).
However, NGC reconsidered the decision to kick out Dori after he wrote to the party.