D-day for defectors as Raila Odinga's ultimatum lapses

The seven-day ultimatum ODM leader Raila Odinga gave the defecting 12 governors and MPs lapses today.

This is even as the party notified two more lawmakers of plans to expel them for associating with other parties.

Budalang'i MP Ababu Namwamba, who quit as ODM secretary general, and his Likoni counterpart, Masoud Mwahima, are the latest targets of expulsion threats from the party.

It has also emerged that the affected governors, MPs and a deputy governor defied the party's directive to explain why disciplinary action should not be taken against them for defecting to Jubilee Party, some at an open forum presided over by the President.

Each of the rebels was notified last Tuesday by the party of the intended disciplinary action that could see them lose their seats. They are required to defend themselves in writing.

The next stage is now for the party to accord the 'rebels' a fair hearing  before making a recommendation to the National Executive Council (NEC).

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Should their fate be sealed, the party is required to inform the Registrar of Political Parties who will remove the name of the affected member(s) from the party register, relevant Speakers and the electoral agency before the seat(s) can be declared vacant.

Yesterday, the Independent Electoral and Boundaries Commission (IEBC) announced it was prepared for by-elections should the need arise. But the action by the party could open a protracted legal battle as the politicians fight to save their seats.

According to ODM's Disciplinary Committee chairman Fred Athuok, the committee would convene a meeting to review the responses, if there are any, and listen to their defence before making a recommendation to NEC.

Similarly, if there are no responses, the committee would make a recommendation to NEC for expulsion from the party of the defiant members, a move that could set the stage for a mini-election ahead of the big race next year, given the number of seats that may be declared vacant.

A source at the party's headquarters in Nairobi confirmed none of those targeted had responded in writing.

Yesterday, Mr Athuok confirmed writing to the two legislators to explain why they should not be expelled.

"We have written to two more MPs; Mr Namwamba and Mr Mwahima to show cause why disciplinary action should not be taken against them. We are now waiting for responses before we proceed to the next stage of the process," said Athuok.

Last week, Namwamba led members of Julia Odhiambo's Labour Party of Kenya in re-launching the outfit, a political vehicle he intends to use to recapture his seat in 2017 elections.

Governor Ukur Yattani (Marsabit) and MPs Steven Kariuki (Mathare), Mustafa Iddi (Kilifi South), Samuel Arama (Nakuru Town West), Mpuri Aburi (Tigania East) and Kwale Woman Representative Zainabu Chidzuga yesterday said they were yet to receive the said show-cause letters from the sponsoring party.

"I am yet to receive the letter and let me not pre-empt at this stage, because, I am not sure if the letter exists or not," said Mr Yattani.

Asked whether they will respond in the event that they receive the letters, the leaders remained tight-lipped.

MPs John Waluke (Sirisia), Gideon Mung'aro (Kilifi North), Isaac Mwaura (nominated), James Rege (Karachuonyo) and Namwamba, however did not respond to our inquiries on whether they had filed any responses.

Mr Mpuri was emphatic that he will not respond to the letter by the party. "I have supported Raila since 1991 but he has never supported me. If he can't remember all that, then I am ready for a by-election," he said.