, NAIROBI, Kenya, Mar 22 – The Orange Democratic Movement (ODM) has filed a detailed affidavit to demonstrate that the party acted within its constitution in expelling Malindi MP Asha Jumwa Katana.
The affidavit sworn by ODM Secretary General Edwin Sifuna gives an account on how the MP was summoned on several occasions to appear before the disciplinary committee but failed to do so.
He says the party’s core mandate is to promote pluralistic and political governance through the exercise of democracy based on the popular will of the people.
“The party has a robust, detailed and expressive constitution with which its members have agreed to be bound,” Sifuna says.
The ODM Constitution and in particular Article 8 encapsulates how disputes and disciplinary matters are handled, and all members of the party subscribe to the code of conduct.
In the affidavit drawn by the party’s lawyer Samuel Makori, the disciplinary committee says it issued a notice to show cause to the embattled MP on July 24, 2018 and the same was served upon her physically and another one through courier services.
She acknowledged receipt of the notice as pleaded in her proceedings before Political Parties Dispute Tribunal (PPDT).
Sifuna says she elected not to respond to the notice to show cause and that she was aware of the charges brought against her.
The party’s disciplinary committee convened and issued summons against her to appear before it to show cause on September 10, 2018 and was given further opportunity up to October 12, 2018.
On October 12, 2018 she sent her advocate with a written representation that was in reply to the charges.
The committee noted that the matter before it was purely internal that required her physical appearance.
Sifuna said that when she eventually appeared before the committee she was in hurry and wanted to be heard by members present as she was going to attend to parliamentary matters.
The committee prepared its report which was presented to National Executive Council which adopted the same that she be expelled from the party.
NEC also gave her time to appear before it to mitigate her case, but she declined.[cresta-social-share]