Musalia Mudavadi's Amani National Congress (ANC) has suffered another setback in its decision seeking to quash the nomination of Godfrey Osotsi after speaker of the National Assembly Justin Muturi said the decision was not done according to the Constitution.
In a letter dated April 3, Mr Muturi through the clerk of the National Assembly Michael Sialai, said he is unable to act on the party's earlier letter urging him to quash the nomination of Mr Osotsi.
"We acknowledge with thanks receipt of your letter. However, we are unable to take any action on this matter until provisions of articles 103 and 105 of the constitution have been complied with," reads the letter addressed to the ANC Secretary-General, Barrack Muluka.
On March 19, ANC wrote to Mr Muturi seeking to expunge the name of Mr Osotsi as nominated MP on grounds that his position in the party has ceased to be.
"Kindly accept this letter as a formal request by ANC party beseeching you to commence the requisite statutory procedures and attendant actions with respect to the said Hon Osotsi as befits a nominated MP whose membership of the sponsoring party has been terminated, " reads part of the letter signed by Mr Muluka.
This is the second time Mudavadi's party has suffered a setback in its bid to expel Mr Osotsi from the party.
The Registrar of Political Parties had also earlier questioned the procedure used by the party to expel the nominated MP.
The party leadership has accused Mr Osotsi of misusing the party's funds at the time he served as its Secretary-General ahead of the 2017 General Elections.
The party's Special National Executive Council met three weeks ago and adopted the report of the disciplinary committee which recommended the expulsion of Mr Osotsi from the party.
An elated Mr Osotsi told the Nation that the decision of the speaker has now left ANC with an egg on its face over a decision to expel him.
"This is now the second time they are facing an embarrassment over my fate," Mr Osotsi said.
Mr Osotsi together with Kakamega senator Cleophas Malala have been accused of being disloyal to the party.
The party's Act provides that an individual who advocates or champions or champions the interests of a rival party is deemed to have defected to that party.