Aisha Jumwa remains in ODM as tribunal dismisses ouster process

Malindi MP Aisha Jumwa will remain in the Orange Democratic Movement as the Political Parties Disputes Tribunal (PPDT) has quashed disciplinary proceedings which led to her removal from the party.

The party's delegates voted in March for Ms Jumwa's expulsion from the party led by politician Raila Odinga over her support for Deputy President William Ruto and his bid for the presidency come 2022.

In a verdict on Friday, however, three members of the PPDT ruled that the proceedings the party’s disciplinary committee held on October 19, 2018 were improperly constituted, so the report was invalid and lacked effect in law.

“The tribunal herby declares that the proceedings violated Article 47 of the constitution ... were unprocedural and violated provisions of the Political Parties Act, Fair Administrative Action Act and Article 8.4.2 of the ODM,” the Tribunal said.

Mr Kyalo Mbobu, Ms Desma Nungo and Dr Adelaide Mbithi referred the matter back to the party but said the fresh disciplinary process should be in line with the rules of law and natural justice and the party’s constitution.

JUMWA'S VIEW

In her opposition to the party's decision, Ms Jumwa challenged the denial of representation by the National Governing Council (NGC) on claims that there was no provision for representation and defence.

Through lawyer Hillary Sigei, said she was served with a vague show-cause letter by the party's national chairman John Mbadi.

The MP also said she was not served with a written and signed complaint as alleged, that the disciplinary process was initiated without a complaint and that the National Executive Committee (NEC) was not properly constituted.

ODM defended Ms Jumwa's expulsion saying she was rebellious and that she disregarded the party's aspirations.

However, the party led by Raila Odinga said the decision was justified and that she was feigning ignorance where the accusations against her were concerned.

Through lawyer Samuel Makori, the orange party also said the MP did not demonstrate that she deserved protection.

ODM'S ARGUMENT

In a sworn statement, ODM Secretary-General Edwin Sifuna said the disciplinary committee issued Ms Jumwa a notice and that she confirmed awareness of the charges against her.

Mr Sifuna said the lawmaker had, on more than one occasion, demonstrated her rebellion against the party and its leaders.

He added that the disciplinary committee held that her utterances in several public forums pointed to disregard for the party, its leaders and its procedures.

Mr Sifuna also said Ms Jumwa was presented with evidence in form of several videos broadcast by national television stations and published on YouTube.

IMPUNITY

Lawyer Samuel Makori added that the MP acted in flagrant and dire disregard of ODM's aspirations as contained in its constitution and violated with impunity the guiding principles of the party’s Code of Conduct.

Mr Makori added that Ms Jumwa did not show any remorse whatsoever for her actions but clearly demonstrated the opposite.  

“As a consequence, the party was within its rights to carry out the disciplinary process. I aver that all due process was followed to the letter and that the process was fair, transparent and objective,” he said.

ODM's NEC voted to eject the MPs for disloyalty, gross misconduct and disrespecting the party and its leaders.

The party's NGC ratified the decision on March 1 and Ms Jumwa then filed an appeal but was denied representation by the NGC on the claim that there was no provision for this.

The MP accused ODM of flouting the rules of natural justice and her right to fair hearing as guaranteed by the constitution.