lawyer Samuel Makori representing ODM

Orange Democratic Movement (ODM) has requested the Political Parties Dispute Tribunal (PPDT) to dismiss a complaint by embattled Malindi Mp Aisha Jumwa challenging her expulsion.

The party high echelon has dismissed claims by Jumwa that they broke the law while dismissing her.

Through lawyer Samuel Makori,ODM wants the court to terminate the complanit by Jumwa because she has failed to demonstrate that she deserves the orders she is seeking.

Jumwa complained that due process was not followed by the party when it expelled her, she said she was exercising he freedom of expression in public rallies.

 “I urge this Honorable Tribunal to dismiss the entire Complaint and with costs and along with it the Motion for conservatory relief,” Said Makori.

 In affidavit Sworn by the ODM Secretary General Edwin Sifuna, the Disciplinary Committee of the party had issued a notice to her and she confirmed that she was aware of the charges facing her as clearly set out in the Notice to Show Cause.

 “Jumwa has on more than one occasion in full public view and glare of the Media showed and demonstrated her rebellion against the Party, the Party leadership and Organs,” said Sifuna

The Claimant in justifying her conduct raised the defense of freedom of association that is guaranteed under Article 36 of the Constitution of Kenya. 

“It is worth noting that this right is however limited for elected Members of Parliament under Article 103(1) (e) of the Constitution which provides that the office of a Member of Parliament becomes vacant where a member elected to parliament as a member of a political party resigns or is deemed to have resigned from the party,”noted Sifuna

 According to Sifuna,Article 103(3) provides for legislation providing for the circumstances under which a member of a political party may be deemed to have resigned from the Party.

The legislation contemplated under this Article is the Political Parties Act, specifically Section 14 thereof. 

 Sifuna said that the Disciplinary Committee held that her utterances in several public forums point to a disregard of the party, the party leadership and its procedures. 

Sifuna said that Jumwa stated that there was no evidence that was provided linking her to making offending utterances and yet the Disciplinary Committee presented evidence in form of several videos broadcast by several national television stations and published on YouTube channel and the same were handed over to her advocates.

He added that the Party’s Disciplinary Committee convened and issued Summons to Appear and Show Cause on the September 19, 2018.

Sifuna said that Jumwa was given a full opportunity to offer mitigation before the NEC and the issues she raised were considered at great length by the Members present.

 “The Claimant stated that there was no evidence that was provided linking her to making offending utterances and yet the Disciplinary Committee presented evidence in form of several videos broadcast by several national television stations and published on YouTube channel and the same were handed over to her advocates,” said Sifuna.

According to Sifuna, Jumwa’s claims that disciplinary process infringed on her right to freedom of expression anchored in the Kenyan Constitution are false because the Committee held that her utterances in several public forums points  to a disregard of the party, the party leadership and its procedures. 

He added that Jumwa in justifying her conduct raised the defense of freedom of association that is guaranteed under Article 36 of the Constitution of Kenya. 

The Complainant confirms in her Complaint that she was aware of the charges facing her as clearly set out in the Notice to Show Cause.

The Party’s Disciplinary Committee convened and issued Summons to Appear and Show Cause on the 19th September 2018.

The Complainant was to appear before the Disciplinary Committee of the Party on the 10th October, 2018 but the same happened

The Complainant was to appear before the Disciplinary Committee of the Party on the 10th October, 2018 but the same happened to be a Public Holiday and the NTSC hearing was adjourned by consensus to the October 12, 2018.

Makori in documents said that Jumwa  in being openly in-subordinate and rebellious acted in flagrant and dire disregard of aspirations of the Party as contained in its Constitution and further violated with impunity the guiding principles of the Party’s Code of Conduct.

 “As a consequence the Party was within its rights to carry out the disciplinary process that was taken out in this matter and I aver that all due process was followed to the letter and the process was fair, transparent and objective,” said Makori.

Makori added that In being openly in-subordinate and rebellious the Claimant has acted in flagrant and dire disregard of the ethos and aspirations of the Party as contained in its Constitution and further violated with impunity the guiding principles of the Party’s Code of Conduct.

“She has further showed no remorse whatsoever for her actions and has clearly demonstrated a breach of Statute,” said Makori who is representing Sifuna.

 She wants the court to quash the decision over disregard for the law, corruption and double standards, where her Msambweni counterpart Suleiman Dori is concerned.

ODM has accused them of advancing the interests of another party by openly campaigning for the DP to succeed President Uhuru Kenyatta when he retires in 2022.

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