Wiper did not procedurally expel Mutua, MPs: tribunal

March 16, 2017 6:15 pm
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Wiper Party Leader Kalonzo Musyoka when he submitted his Presidential nomination papers on Thursday/COURTESY

, NAIROBI, Kenya, Mar 16 — The Political Parties Disputes Tribunal has nullified the decision by the Wiper Democratic Party to expel Governor Alfred Mutua together with five legislators over alleged misconduct.

On Tuesday, the tribunal reversed the decision taken by the political party last December, saying it did not follow due process in expelling the six.

The Kalonzo Musyoka led party had expelled governor Mutua alongside MPs Regina Muia (Kilome), Joe Musyimi Mutambo (Mwingi Central), John Munuve Mati (Mwingi North), Michael Munyao (Mbooni) and Richard Makenga (Kaiti ).

While quashing the resolution, a five member tribunal chaired by Kyalo Mbobu said due process with regard to their expulsion was not followed.

The Tribunal faulted the party for failing to show who the power to expel was vested in.

The aggrieved politicians had contended through lawyer Kioko Kilukumi that in the party constitution, the disciplinary committee which purported to expel them does not exist.

“The tribunal’s action has in this instance been hampered by the lack of clarity as to what constitution was lawfully in place at the time the complainants were shown the door,” ruled the tribunal.

Governor Mutua and the legislators had contended that their ouster was not made in compliance with the party’s laws, was unfounded, misconceived and misguided.

But on its part, Wiper Party defended its actions insisting that what governor Mutua and the lawmakers did was both offensive to the party laws as well as the Political Parties Act and warranted their expulsion.

It asked the tribunal to find that the disciplinary process adopted by the party was in line with its constitution and was perfectly adhered to.

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