By Anne Chepkorir
Clerk of the National Assembly Michael Sialai has stopped the expulsion of Nominated MP Godfrey Osotsi from Musalia Mudavadi’s Amani National Congress party.
In a letter to the party dated April 3, 2019, Sialai says that it is important that the party leadership complies with section 103 and 105 of the Constitution before expelling the member.
“We are unable to take any action on this matter until the provision of articles 103 and 105 of the Constitution have been compiled with,” reads part of the letter.
According to section 103 of the Constitution, a member of a political party may only be expelled from that party if the member has died or is absent from eight sittings of the relevant House without permission.
Section 105 says that the High Court shall hear and determine any question whether a person has been validly elected as a member of Parliament, or the seat of a member has become vacant.
Sialai was responding to a letter written to him by the party acting Secretary General Barrack Muluka on the March 19.
The letter recommended the expulsion of Osotsi over claims of misuse of the party’s funds when he served as secretary-general before the 2017 General Election.
Muluka also copied the Registrar of Political Parties Anne Nderitu. She also demanded be furnished with crucial documentation and evidence used in the process.
NATION ASSEMBLY Speaker Justin Muturi turns down ANC's request to revoke nomination of MP Godfrey Osotsi, citing non-adherence to the due process. pic.twitter.com/faZYQr5s4k
— The Star Breaking (@TheStarBreaking) April 5, 2019
She said it is important that the party leadership complies with section 14 (7) of the Political Parties Act before expelling the member.
“In order to take the necessary action as required by law, the party is requested to furnish this office with the requisite internal dispute resolution mechanism proceedings, which should include the correspondences between the party and the concerned member,” Nderitu said in a statement on the March 21.