“On 20th February 2023, the above-mentioned members of the ODM Party, who are elected under the ODM Party ticket to the National Assembly, openly and contemptuously, without the Party’s prior approval and consensus purported to cross camps, to work on, and promote the ideals of Kenya Kwanza coalition, in an open and public declaration made during their visit to the Hon, Rigathi Gachagua, Deputy President,” Nyakundi said.
The petitioner argued that the move amounts to promoting ideologies, interests, and policies of a competitor, enough grounds to declare the trio partyless.
He further argued that the move confirms that they have switched their allegiance to another political formation and cannot be relied upon to articulate ODM policies and aspirations.
“We call upon your good office to take up appropriate disciplinary action against the above-mentioned members, aimed at fully expelling them from the ODM Party and thereby prevailing upon the Elections Commission to conduct by-elections in their respective constituencies in accordance with the law,” the petition reads.
“Our client hereby requests the Party Secretary-General to update the Party records to expunge the names of the above members from its membership in line with Section 14 of the Political Parties Act, and subsequently remove them from any representative obligations leadership positions they may be holding.”
ODM on Friday confirmed it has received the petition and is in the process of subjecting it to its relevant organs for action.
The Party Director of Legal Affairs Tony Moturi confirmed receiving the complaint and the national secretariat is processing it.
“The Secretariat is in the process of transmitting the complaint to the National Chairperson who will then take the necessary steps as provided for in the Party Constitution and the Party’s Disciplinary Procedure Rules,” Moturi said.
The complaint comes against the backdrop of a similar case where ODM has issued show cause letters to eight of its members who met Ruto at State House early this month.
The eight are Kisumu Senator Tom Ojienda, MPs Felix Odiwuor (Lang’ata), Mark Nyamita (Uriri), Caroli Omondi (Suba South), Gideon Ochanda (Bondo), Elisha Odhiambo (Gem), Walter Owino (Awendo) and Paul Abuor (Rongo).
Their cases are now before the Central Management Committee (CMC) which will decide whether they have a case to answer or not.
