Nominated MP Godfrey Osotsi received a reprieve on Friday after the Political Parties Disputes Tribunal temporarily halted his expulsion from the Amani National Congress (ANC).
The Registrar of Political Parties on Tuesday deleted Mr Osotsi’s name from the ANC register after the party’s disciplinary committee indicted him on the loss of funds belonging to the party.
However, the Tribunal stopped the intended expulsion arguing that the party organs had not granted the MP a fair hearing.
“The tribunal is satisfied that Mr Osotsi was not granted due process in the cause of disciplinary committee and the National executive committee hearings of the party,” the tribunal said in the ruling delivered by its chairman Kyalo Mboobu.
The tribunal has further stays the decision of the disciplinary committee dated March 19, 2019, which voted to remove the MP’s name from the party register. It further certified the matter as urgent and ruled the hearing on May 31, 2019.
The party’s disciplinary committee had in March found the MP culpable for misuse of party funds and recommended that he be expelled. The decision was approved by the party’s national executive committee which wrote to the Registrar of Political Parties asking that Mr Osotsi’s name be struck off the register of the party.
In the papers filed in court, Mr Osotsi cites Article 50.9 of the ANC constitution which requires that any decision by the Disciplinary committee to expel a member must be ratified by the National Governing Council, upon the approval of the National Executive Committee.
Article 24.2 (b) of the same constitution gives the NGC powers to review and ratify recommendations of NEC, which in the case of Mr Osotsi did not happen.
Asked whether the ANC followed its constitution in expelling the MP, Ms Nderitu, who by virtue of his office is the custodian of political parties’ constitution and registers, replied: “That is a question for the Party to answer.”
The party's secretary general Barrack Muluka also refused to discuss the matter, warning the embattled MP against discussing party matters in the media.
“I don’t think I will manage these matters in the media. The matter is being handled at the proper forum and I will prefer we handle it from there,” he said.
ANC NGC consists of all members of NEC, all chairpersons and secretaries of ANC branch executive committees, chairpersons of County Assemblies Caucus, chairperson and secretary of women league, majority and minority leaders in county assembly from every county, chairperson and secretary of the youth league, chairperson and secretary of ANC professional secretariat, National secretariat, all chairpersons of the standing committees of the party, all members of the Parliamentary Group, all ANC elected governors and their deputies, all members of the National elections board.