Kakamega senator Cleophas Malala has challenged his removal from the office of the deputy minority leader.
The legislator told the Political Parties Disputes Tribunal that his removal violated a NASA coalition agreement.
“The complainant discharged the duties of the Senate diligently until his unceremonious removal on March 24 in a charade solely orchestrated and executed by ODM contrary to their agreement,” the lawmaker says.
His replacement, Kilifi Senator Stewart Madzayo, Amani National Congress, Wiper Democratic Movement, Ford Kenya, Chama cha Mashinani and the Office of the Registrar of Political Parties have been listed as interested parties.
The lawmaker also notes that ODM, Wiper, ANC and Ford Kenya entered into a power sharing agreement hence the reason why different positions in both Houses of Parliament are held by persons from different political parties.
“Pursuant to the agreement dated April 20, 2017, ODM and the coalition parties collectively form the opposition and the House leadership positions are to be shared only per the power sharing agreement,” he continues.
Malala also claims that ODM, a NASA coalition partner, has since 2018 joined the ruling party, Jubilee.
He also states that there has been no internal processes within the coalition initiated either by ODM or any partner on his removal from the office.
The first time senator is seeking a declaration that NASA is the opposition in the National Assembly and the Senate and no constituent partner or its members can singularly or collectively make decisions on behalf of the coalition other than through its official organs established under Article 6 of the coalition agreement.
“A declaration that the ‘NASA Coalition Senate Parliamentary Group’ is a non-existent organ of the NASA coalition and, therefore, has no mandate nor power to make decisions on behalf of NASA including determining who is to hold House leadership positions in the Senate,” he adds.
The tribunal has given the parties seven days to respond to the petition and appear in court on May 18 when the matter will be heard.