The Orange Democratic Movement (ODM) Disciplinary Committee on Tuesday, July 25 kicked out Nelson Havi from an ongoing session where rebel lawmakers were defending themselves from the accusations of betrayal.
Moreover, the Disciplinary Committee chased aways Havi, a former Law Society of Kenya (LSK) President who was representing Kisumu Senator Prof Tom Ojienda for not being a member of the party.
The Chairman of the Disciplinary Committee Prof. Ben Sihanya on Monday June 24 directed that the MPs should appear before the committee in person or be represented by advocates who are members of the party.
“Nelson was my lead advocate but they have rejected him, and I have been given five minutes to now convene and look for another counsel. That is what I am doing now, I am trying to see if I can get my counsel to instruct the other counsels in five minutes,” said Ojienda.
“I just have five to seven minutes, this is how unfair this process is, but I will see what instructions we have so that we move,” he added.
However, the senator said ODM should not stop any individual from getting counsel because it is a universal right.
Ojienda defends Nelson Havi
“This is the first time I am hearing that in a judicial process you can tell an individual that they get a particular kind of advocate,” he said.
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According to Prof Ojienda, the constitution of the party does not state that advocates representing an individual must be a member of ODM.
Further, he criticized the party for profiling advocates arguing that not only ODM advocates can interpret important legal issues contained in the party’s Constitution.
“Allow people to get counsel of their choice, advocates appear for people in every forum because it is about the instructions and questions.
It is not about party membership in some of these issues. That is why when you have people accused in the ICC you don’t care about tribes or ethnicity and that is how it is, a universal concept,” said Ojienda.
Additionally, Prof Ojienda said he will personally face the Disciplinary Committee if he fails to find an advocate within five minutes.
He also revealed that ODM did not serve him with any accusations and all that he learnt about them on social media.
ODM going after Rebels
“That is part of the complains I have seen, a complain by Eddy Muok was sent to us on the meeting with the president. That is why we are here,” he said
“We are being disciplined for that, there is only one president and we I don’t think we have an apology for that question because the president is not the party organ of Kenya Kwanza.”
Disciplinary Committe Dates
Ojienda faced the Disciplinary Committe on Tuesday, July 25 together with Lang’ata MP Phelix Odiwuor alias Jalang’o, Gideon Ochanda (Bondo), Paul Abuor (Rongo) and Caroli Omondi (Suba South).
On Monday, July 24, Nairobi Woman Representative Esther Passaris together with Mark Nyamita (Uriri) and Elisha Opiyo (Gem) faced the Committee.