ODM gets go ahead to punish errant MPs

The Registrar of Political Parties Ms Lucy Ndung’u has said it is upon ODM to kick rebel MPs out of the party March 2, 2011. FILE

The Orange Democratic Movement has been given the go ahead to initiate tough action that may see its rebel MPs lose their seats in Parliament.

The Registrar of Political Parties Ms Lucy Ndung’u said it was upon ODM to kick rebel MPs out of the party.

The Registrar was responding to a letter written by ODM Chief Whip Jakoyo Midiwo asking her to invoke Section 17 of the Political Parties and strike the names of assistant minister Aden Duale and Chepalungu MP Isaac Ruto from the party’s register.

The section reads: “A person who, while a member of a political party - in any way or manner, publicly advocates for the formation of another political party, shall, notwithstanding the provisions of subsection (2) or the provisions of any other law, be deemed to have resigned from the previous political party.”   

Mr Midiwo said he had furnished the Registrar with evidence demonstrating that the two MPs had contravened the law by going against ODM’s interests.

“I wrote a letter to the Registrar of Political Parties last week and attached evidence to show that the rebel MPs have contravened Section 17 of the Political Parties Act. The letter is in respect to Honourable Duale and Isaac Ruto. We want the Registrar to declare their seats vacant. We have also asked the Prime Minister to sack Duale immediately because he cannot keep on undermining the party,” he said.

Responding to Mr Midiwo’s letter, Ms Ndung'u stated: “A member of a party may be expelled from that party if he has infringed on the constitution of the party or has acted in a manner contrary to the principles or rules of the party and after he has been afforded a fair opportunity to be heard.”

“Therefore if a member is expelled, removed or suspended, the party should give notice to the Registrar to strike off the member’s name from the party register.

"This action has to be taken by the party, at its own initiation. Subsequent notification to the Registrar is required, with sufficient supportive information, for additional measures to be taken,” Ms Ndung’u said.

She advised ODM to remain faithful not only to its internal rules and regulations but also to the constitution and the Political Parties Act as it sought to punish its errant members.

But Mr Ruto scoffed at the attempts to push him out of the party and by extension, Parliament and accused ODM of dictatorship.

“They are trying to use the Registrar’s office to manage party affairs. Let them take whatever action they want,” he said.

He vowed not to appear before any of the party’s organs if summoned in relation to the matter.

“ODM has become a one man dictatorship. I will only appear before them if Mr Odinga who is the complainant is also summoned. I thought the days of Okiki Amayo are gone, I don’t know where they resurrected Amayo from,” he added, referring to the notorious Kanu disciplinary committee of the mid eighties chaired by the late Amayo.

According to section 103 of the new constitution, Parliament has up to August 27 this year to enact legislation providing for the circumstances under which a member of a political party shall be deemed to have resigned from the party.

But Lands minister James Orengo clarified that since Parliament is yet to enact such legislation, section 7 of the sixth schedule of the new constitution which states that the existing laws shall remain in force until relevant legislation is enacted, shall apply.

“The new constitution never contemplated a vacuum and that is why section 7 of the sixth schedule says that the existing law shall continue being used. The existing law in this case is the Political Parties Act,” Mr Orengo stated.