Leaders in defection row battle expulsion bid from Raila party

Wiper leader Kalonzo Musyoka and other party leaders meet residents during a tour of Garsen, Tana River County, yesterday. Yesterday, Lawyer Kioko Kilukumi wrote to the party’s secretary general on behalf of the 10 MPs, two governors and one deputy governor, challenging suggestions that they have defected from ODM. (PHOTO: DENNIS KAVISU/ STANDARD)

Orange party leader Raila Odinga chaired a meeting of the party’s top organ as 13 MPs and governors targeted
for expulsion fought the disciplinary action. 

The ODM central management committee meeting yesterday followed the lapsing of a seven-day ultimatum
to the defectors to explain why disciplinary action should not be taken against them.

During yesterday’s meeting, the committee received a brief from the disciplinary committee, which sent warning notices to the 13, citing their reported defections to the newly- launched Jubilee Party.

Yesterday, Lawyer Kioko Kilukumi wrote to the party’s secretary general on behalf of the 10 MPs, two governors and one deputy governor, challenging suggestions that they have defected from ODM.

Kilukumi said the party must first exhaust its internal dispute resolution mechanism before sending the names to the Registrar of Political Parties.

The lawyer said his clients had only learnt from the media that the party had deemed them to have defected to another party under provisions of Section 14(5) c of the Political Parties Act.

"The said provisions apply to a person who has joined another party. A search in the register kept by the Registrar of Political Parties will show that our clients are not members of any other party, other than ODM," Kilukumi wrote in the letter dated September 28 and received by the party on the same date.

"Our instruction are that our clients are members of the ODM. The register of members kept by the Registrar of Political Parties will confirm that," it adds.

Kilukumi wrote that his clients are entitled to freedom of association and the freedom to make political choices under Article 36 and 38 of the Constitution, adding our instructions are to "defend those rights to the hilt."

Those facing expulsion are governors Ukur Yatani (Marsabit), Salim Mvurya (Kwale), Deputy Governor Joash Maangi (Kisii), MPs Steven Kariuki (Mathare), Mpuru Aburi (Tigania East), Gideon Mung'aro (Kilifi North), Mustafa Iddi (Kilifi South), Cyprian Kubai (Igembe Central) and James Rege (Karachuonyo).

Others are Samuel Arama (Nakuru Town West), John Waluke (Sirisia) nominated MP Isaac Mwaura and Kwale County Woman Representative Zainabu Chidzuga.

Yesterday, ODM's disciplinary committee chaired by Fred Athuok told the party's central management committee that some seven members had responded to show-cause letters demanding their explanation as to why disciplinary action shouldn't be taken against them.

The seven had written to the party individually prior to the collective letter filed by Kilukumi.

"The general feeling of the party is that we should proceed with disciplinary process as per the law. We received seven responses," said Mr Athuok.
The meeting chaired by Raila started at 3pm to discuss various issues affecting the party including defectors and went late into the evening.

The meeting was attended by ODM deputy party leader and Kakamega Governor Wycliffe Oparanya, MPs Junet Mohamed (Suna East), Timothy Bosire ( Kitutu Masaba), Senator Agnes Zani (nominated) among others.

According to Mr Athuok, the members who responded will now be invited to the committee to explain themselves before a decision is made.
He said that each member will be accorded a fair hearing depending on the response of the letter.

"We will now invite each member and give them a fair hearing. We know that some members have simply denied the allegation that they have ditched the party," said Mr Athuok.

Yesterday, Kilukumi argued the power to deem a member to have defected is not vested on the party but "a quasi-judicial decision to be taken by other independent organs."

The lawyer said his clients had not been served with any notice to enable them respond to the accusations. ODM has also written to Budalang'i MP Ababu Namwamba and Likoni MP Masoud Mwahima.