ODM party Chairperson John Mbadi has clarified that Lang’ata Member of Parlaiment Felix Odiwuor alias Jalang’o and the other rebel MPs have not been expelled from the party.
Speaking on Thursday, September 14, Mbadi explained that the five MPs are deemed to have resigned from the ODM party.
“I think there has been misinformation about our decision, I want to be clear that we are not expelling these members,” said Mbadi.
Further, Mbadi stated that the expulsion is one the various actions that can be taken against a member according to the Political Parties Act (PPA).
However, Mbadi said ODM is applying section 14A of the PPA which is about deeming a member to have resigned from the party.
“We are not expelling the members, infact if we were doing that, we would have taken them to the National Governing Council,” he said.
Referring to the PPA, Mbadi said by promoting the ideologies, interests and policies of another political party, the MPs are considered to have resigned.
“We have a political party ODM which has its interests, the moment you promote the interests of another party, and you are a member of ODM, you are deemed to have resigned,” explained Mbadi.
Additionally, the MP said ODM has expressed its interests of not recognizing the presidency of William Ruto.
“If you go and publicly say you recognize the presidency of William Ruto, are you promoting our interest? The answer is no, you are promoting the interests of UDA,” said Mbadi.
Moreover, he stated that there are channels members can follow when they disagree with the policies adopted by the party.
“We are not forcing people to be in ODM, you have freedom of association. But the moment you are a member of ODM, there are certain things you must do,” added the MP.
In addition, Mbadi said members cannot go against a decision made by the parties Parliamentary Group (PG).
“Once a PG of a party is constituted and we adopt a position and a whip is applied, you cannot again turnaround and say you do not agree with it,” said Mbadi.
Political Parties Act Section 14A
PPA outlines the conditions when a member may be deemed to have resigned from a political party
(1) A person who, while being a member of a political party shall be deemed to have resigned from that party if that person:
- Forms another political party.
- Joins in the formation of another political party.
- Joins another political party.
- In any way or manner, publicly advocates for the formation of another political party.
- promotes the ideology, interests, or policies of another political party.
(2) A political party shall, before deeming a member to have resigned under subsection (1)
(a) notify the member that he or she has been deemed to have resigned from the political party and that the political party intends to remove his or her name from the list of its members; and
(b) afford the member a fair opportunity to be heard in accordance with the procedure set out in the constitution of the political party.
(3) A political party which deems a member to have resigned from the political party shall notify the Registrar in writing of the member’s resignation and request the Registrar to remove that person’s name from the register of members of that political party.
(4) Upon the notification under subsection (3), the Registry may, where the Registrar is satisfied that the political party has complied with the procedure under subsection (2), remove the member’s name from the register of members of the political party within seven days of the notification and notify the member in writing that he or she has ceased to be a member of that political party.
(5) Where the Registrar is not satisfied in accordance with subsection (4), the Registrar shall refer the matter back to the concerned political party for reconsideration.
(6) Subsection (1) (c), (d) and (e) shall not apply to a member of a political party which enters or proposes to enter a merger or a coalition with another political party.