The Political Parties Disputes Tribunal (PPDT) has extended orders stopping the Orange Democratic Movement (ODM) from expelling Kisumu Senator Tom Ojienda, MPs Elisha Odhiambo (Gem) and Felix Odiwuor aka Jalang’o from the party.
The PPDT on Thursday extended the orders and directed the ODM party and office of the registrar of political parties to file their responses within five days.
“In the interim and pending the hearing and determination of this Application, this Honourable Tribunal hereby issues interim conservatory orders staying the implementation and/or execution of the decision of the 1st Respondent to expel the Complainants/Applicants, from the Orange Democratic Movement Party,” PPDT chairperson Desma Nungo said.
The case will be mentioned on October 3.
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In court documents, the three argue that on September 6, 2023, to their surprise, not having been heard on the subject charges, ODM party issued a presser that the National Executive Committee of the ODM had passed a resolution to adopt the recommendations of the ODM Disciplinary Committee to expel from the party and deregister them as members.
“This notification of expulsion and deregistration from the party is shocking to the Complainant because he was not given a chance to be heard on the subject complaints,” court documents read.
“Neither was he given an opportunity to defend himself nor informed or notified of any decision and reasons as to why the 1st Respondent’s National Executive Committee has taken such a draconian measure.”
They contend that there were illegalities and constitutional violations throughout the disciplinary process that preceded the party’s hasty move.
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They assert that the entire procedure violates the legal requirements imposed by the Political Parties Act, the Kenyan Constitution, the ODM Disciplinary Rules, and the ODM constitution.
They were accused of violating ODM’s constitution and the Political Parties Act 2011 by openly associating with and supporting activities of a rival political outfit, as well as opposing lawful decisions made by party organs.
They were expelled alongside MPs Caroli Omondi (Suba South) and Gideon Ochanda (Bondo).
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