BY SAM ALFAN.
Machakos Governor Alfred Mutua and five Members of Parliament triumphed after their expulsion from the Wiper Democratic Movement was rescinded.
Political Parties Dispute Tribunal quashed the controversial and drastic action that was ratified by the Wiper leadership following the sensational launch of Dr Mutua’s Maendeleo Chap Chap Party last December.
The tribunal ruled that the party’s 2012 and 2016 Constitutions were divergent and did not expressly specify the internal organ mandated to handle the disciplinary process for its members.
“Without proof that the 2016 Constitution was properly in place, the tribunal can only infer that there was no clarity as to how the complainants would be duly subjected to the party disciplinary processes,” the tribunal, chaired by veteran lawyer Kyalo Mbobu, observed.
The party had cracked the whip on Dr Mutua for allegedly advocating the formation of a rival political party while Kilome Member of Parliament Regina Ndambuki was kicked out upon her appointment to the Jubilee campaign team. Dr Mutua had launched the Maendeleo Chap Chap Party on August 25.
The other casualties of alleged misconduct for associating with Dr Mutua were Mwingi Central MP Joe Mutambu, Mwingi North MP John Munuve, Mbooni MP Kisoi MUnyao and Kaiti MP Richard Makenga. Nominated MP Robert Mutemi survived the onslaught since there was no adverse evidence of his misconduct.
Lawyer Kioko Kilukumi had argued that the disciplinary action against the six members was unlawful, unconstitutional and offended the Political Parties Act since the alleged disciplinary committee that was appointed to handle the process was non-existent in the party Constitution.
Kilukumi had said disciplinary action could only taken against ordinary members, Members of County Assemblies and MPs and not against Governors, Deputy Governors and Nominated MPs.
The notices issued for the disciplinary hearings fell short of the mandatory 14 and 21 days for special and ordinary sittings, he had said.
“The expulsion of the complainants from membership of the Wiper Democratic Movement is, therefore, null and void. There was no due process in respect of expulsion process applied with regard to the alleged misconduct of the complainants. Consequently, the decision to expel them is hereby quashed,” the tribunal concluded.
