Ruto, four MPs fight ODM expulsion

Eldoret North MP William Ruto has come out fighting following a move by two Orange Democratic Movement (ODM) members to expel him from the party.

Mr Ruto and four other MPs have filed a preliminary objection to a petition by Mpuru Aburi and Kepher Odongo seeking orders to expel them from the party over their public declaration that they had quit ODM and joined another party.

Mr Ruto, MPs Charles Keter (Belgut), Isaac Ruto (Chepalungu), Joshua Kutuny (Cherangany) and Aden Duale (Dujis) submitted that the petition is premature since what they are asking for can only be determined after the next General Election.

Through lawyer Kioko Kilukumi, the legislators said that the provisions of Article 103 of the Constitution are suspended until the final announcement of all the results of the first Parliament to be held under the Constitution.

Article 103(e) states that a person ceases to be an MP if he resigns from the party which elected him to Parliament or is deemed to have resigned from that party.

The petitioners argue that the five legislators are in Parliament in contravention of Article 103 of the Constitution and Section 17(4) of the Political Parties Act.

The two submitted the five MPs have through public declarations and activities indicated that they quit ODM and have joined the United Democratic Movement.

They added that according to the Political Parties Act, a person who, while a member of a political party forms another, joins in the formation or as a member of another, publicly advocates for the formation of another political party loses membership in their original party.

Mr Ruto is an ODM deputy leader while Mr Duale is one of the party’s vice-chairpersons.

In their objection to the application, the MPs contend that the first election under the Constitution has not been held hence the claims by Mr Aburi and Mr Odongo are moot and that the petition should be dismissed.

“All the substantive reliefs sought by the petitioners are not available by operation of the Constitution since they will only come into effect after the elections,” said Kilukumi.

Mr Kilukumi added that the Political Parties Act relied upon by the petitioners was repealed with effect from November 1 and therefore cannot be the bedrock of the petition.

He submitted that the repealed section enacted in pursuant to Article 103 of the Constitution came long after the petition was filed in July hence cannot apply in the current case.

Justice Mumbi Ngugi will rule on the preliminary objection on March 20, 2012.