ODM wants rebels who defected to the Jubilee Party to walk the talk of their new heart-felt allegiance and resign — or get kicked out of the opposition.
They should lose their seats and by-elections held to replace them, it says. The party has threatened to expel 13 elected members who decamped but have refused to resign.
Expert comment:Why Cord should proceed with caution
Most say they won't quit the party they longer believe in. That would mean losing their lucrative seats in Parliament and saying goodbye to all those allowances, foreign trips and many perquisites such as home mortgages and car loans.
However, the party's Disciplinary Committee has given the group seven days to show cause why they should not be deregistered and lose their seats. They jumped to President Uhuru Kenyatta's re-election vehicle, which was launched on September 10.
“In effecting the expulsion, necessary steps will be taken with the respective County, Parliamentary/ Senate Speakers and the IEBC to declare the seats vacant and necessitate by-elections,” Director of Communications Philip Etale said yesterday.
ODM invoked section 14 (5) of the Political Parties Act, which states that a member of a political party who joins in forming another party, joins another party or advocates another party's principles will be deemed to have resigned from the original party.
“It is public knowledge that these people have been bought and are not ready to serve Kenyans but their personal interests,” ODM Chairman John Mbadi said in a phone interview yesterday.
Enforcement of the expulsion threat may be problematic as the Constitution requires individuals to write to the speaker declaring they have resigned from their parties — something most defectors said they will not do.
However, ODM can institute disciplinary proceedings to remove them from membership and communicate this to the Registrar of Political Parties.
Article 103 of the Constitution gives the conditions under which the seat of an elected MP can fall vacant. One is if the person is deemed to have resigned from the party that sponsored him or her to Parliament.
The Political Parties Act states that a party whose member is deemed to have resigned shall, in accordance with the party's constitution, notify the Registrar of the decision within seven days.
Members are deemed to have resigned if they form or join in the formation of another political party, join another party, publicly advocate formation or promote the ideology, interests or policies of another party.
The Act also says a party member may only be expelled for infringing on the party constitution, after being given a fair opportunity to be heard in accordance with internal dispute resolution mechanisms.
"A person who suppresses or attempts to suppress any lawful political activity of another person commits an offence and shall, on conviction be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years or to both," the Act says.
The show-cause letters were sent to individual members via registered post. ODM said if the 13 do not respond in writing within seven days, the committee will recommend to the party’s National Executive Committee that they be expelled for violating the law and the party constitution.
“We are confident these are ODM zones and we will still win the election where people are pushing for good services from the government as well as accountability. In fact, the by-election will provide a platform for starting to campaign in 2017," ODM chairman of the Disciplinary Committee Fred Athuok said.
Mbadi warned that rebels did not respect the law by serving the interests of other parties at the expense of the people who elected them.
“Even former secretary general Ababu Namwamba is not spared, since after resigning as an SG he will have to explain if his Third Force Alliance will rival ODM or be part of the ODM before the disciplinary committee makes a final decision,” Mbadi said.
The 13 include two governors, one deputy governor and 10 MPs.
The governors are Salim Mvurya (Kwale) and Ukur Yatani (Marsabit). Joash Maangi is deputy governor of Kisii.
The MPs are Zainab Chidzuga (Kwale), Steven Kariuki (Mathare), Mpuru Aburi (Tigania East), Gideon Mung’aro (Kilifi North), Mustafa Iddi (Kilifi South), Cyprian Kubai (Igembe Central), Isaac Mwaura (nominated), James Rege (Karachuonyo), Samuel Arama (Nakuru Town West) and John Waluke (Sirisia).
The development comes after opposition chiefs agreed to hold joint nominations among the parties forming the opposition coalition. Under this arrangement, all parties will present candidates for nomination and the winner will fly the coalition flag.
"The coalition will encourage other parties willing to come on board to support this arrangement that enables them retain their identity while flying the corporate Cord flag," Raila's spokesperson Dennis Onyango said in a press statement.