EXPULSION OF ABABU NAMWAMBA FROM ODM WAS UNLAWFUL, TRIBUNAL RULE.

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Political parties Tribunal Members (from l-r) James Atema, Adelide Mbithi,Kyalo Mbobu,Milly Odongo and Paul Odongo while delivering a decision which quashed by the disciplinary action against two others, Ababu Namwamba and Masoud Mwahima at Milimani law courts building on Thursday February 23 ,2017.

BY SAM ALFAN.

The Political Parties Tribunal sitting in Nairobi  has upheld the expulsion of seven Orange Democratic Movement (ODM) law-makers but quashed the disciplinary action against two others, Ababu Namwamba and Masoud Mwahima.

The five-member panel, chaired by lawyer Kyalo Mbobu, ruled that the seven-Kwale Governor Salim Mvurya, his deputy Joash Mangi, Nominated MP Isaack Mwaura and MPs Stephen Kariuki, John Walukhe, Samuel Arama and Zainab Chidzuga-were afforded an opportunity to present their defence and were represented by lawyers during the disciplinary hearing.

Namwamba and Mwahima triumphed after the tribunal said they were not served with notices of the disciplinary committee’s hearing that culminated in their expulsion on October 31, last year.

The tribunal had suspended the action and directed the Registrar of Political Parties not to amend the list of ODM membership pending the outcome of the petition.

The nine leaders had protested that they had been kicked out for attending the launch of the Jubilee Party upon personal invitations. They had been accused of flouting the ODM Constitution that forbids members from any affiliation with rival parties.

Lawyer Kioko Kilukumi had argued that the disciplinary action by the five-member committee was illegal since ODM did not have a properly-constituted National Executive Committee (NEC) following the fiasco during its abortive National Delegates Conference at Kasarani.

The party’s elections for national officials had been scheduled to be held on February 28, 2014, but never took place, he had said.

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