BY SAM ALFAN.
An attempt by Orange Democrat Party to remove Kakamega Senator Cleophas Malala from the position of Minority in the Senate has been blocked.
Political Parties Dispute Tribunal suspended the decision made by Nasa senators to strip the Kakamega legislator of the position.
The Desma Nungo led tribunal issued the temporary order pending the hearing and determination of the application filed by the embattled senator.
Malala moved to the Tribunal challenging his removal from the office of deputy leader of minority of the senate by ODM, claiming his removal on March 24 by ‘NASA senators’ a non-existent organ of the NASA Coalition.
He said the move was orchestrated and executed solely by ODM in an unprocedural, unilateral, unlawful manner which violated the NASA coalition agreement and the power of sharing agreement between ODM and four other political parties among them Amani National Congress.
According to Malala, having entered into a coalition agreement duly lodged with the office of the Registrar of Political Parties, collectively formed the opposition.
“Pursuant to the agreement dated April 20, 2017, ODM and the coalition parties collectively form the opposition and the house leadership position are to be shared only per the power sharing agreement”, he says.
Malala argues the ODM party, since the infamous March 2018 handshake between its party leader Raila Odinga and President Uhuru Kenyatta, has joined the ruling party which has raised serious doubt as to whether its members of parliament can lawfully take up opposition leadership positions at the assembly and the senate, the NSA coalition and power sharing agreements.
He named ODM, Senators Stewart Madzayo, ANC, Wiper democratic movement, Forum for Restoration of Democracy (Ford-Kenya), Chama cha Mashinani and Registrar of Political Parties as parties in the case.