CORD cracks whip on 24 defectors, sets stage for mini polls

Turkana Senator John Munyes (left) and MP Nicholas Ng’ikor (Turkana East) are among the defectors from Fork Kenya now facing possible deregistration.

NAIROBI: At least 24 elected leaders from six registered political parties face a by election if the process to kick them out of the parties is successful.

Opposition parties have signaled the start of a mini general election by taking the first step of the disciplinary process of members who defected to Jubilee.

Orange Democratic Movement (ODM), Wiper Democratic Movement and Ford Kenya party that forms the Coalition for Reforms and Democracy (CORD) has moved to crack the whip on the defectors and send them to an early mini poll.

Party has moved to crack the whip on the members who defected to the newly launched Jubilee Party.
In a move likely to be a showdown between the parties and the renegade legislators, the ODM's disciplinary committee has written to its 13 members who have public declared their defection to another political party to show-cause why they should not be de-registered from the party.

Governors Ukur Yatani (Marsabit), Salim Mvurya (Kwale) Deputy Governor Joash Maangi (Kisii), MPs Steven Kariuku (Mathare), Mpuri Aburi (Tigania East), Gideon Mungaro (Kilifi North), Mustafa Iddi (Kilifi South), Cyprian Kubai (Igembe Central) and James Rege (Karachuonyo).
Others include Samuel Arama (Nakuru Town West), John Waluke (Sirisia) nominated MP Isaac Mwaura and Kwale County Woman Representative Zainabu Chidzuga.

"The Disciplinary Committee of the ODM has written to 13 members of the party who have publicly declared their defection to another political party to show-cause why they should not be de-registered from the party," said ODM Disciplinary Committee chair Fred Athuok.

On Tuesday, Mr Athuok told the Standard that the law on Political parties is clear and will send the resolution to the Registrar of Political parties.

In letters written to each of the 13 members of the party and copied to the Registrar of Political Parties Lucy Ndung'u, Mr Athuok cited section (5) C of the Political Parties Act as having been blatantly violated by their action.

"This is simply a by-election. The law is clear that you cannot belong to two political parties at the same time. If you participates or joins another political party while still a member of a political party, you are deemed to have joined that party," said Mr Athuok.

The letters have been sent to individual members via registered post and are expected to respond in writing within seven days failure to which, the Committee shall recommend to the party's National Executive Committee (NEC) that such members be expelled from the party for violating the Law and the Constitution of the party.

In effecting the expulsion, necessary steps will be taken with the respective County, Parliamentary Senate Speakers and the IEBC to declare the seats vacant and necessitate by-elections.

Even though both ODM and Ford Kenya threatened to kick the rebels out, Mr Kalonzo challenged the defectors from his party to prove that they can be re-elected in a by election.

"I want to challenge those who defected from Wiper party to resign formally and seek re-election. It is immoral to continue earning from the tax payer almost Sh 1million while you have joined another political party other than the one that sponsored you," said Kalonzo.

Ford Kenya lost Senator John Munyes (Turkana), Khatib Mwashetani (Lunga Lunga) and Nicholas Ngikor (Turkana East) in the recent defections and were paraded during the Jubilee launch.

Others were Kalonzo Musyoka's Wiper Democratic Movement party has Kisoi Munyao (Mbooni), Joe Mutambu (Mwingi Central), John Munuve (Mwingi North) and Regina Ndambuki (Kilome).

Former Lands CS Charity Ngilu led Narc party member Racheal Nyamai (Kitui South) and Chama Cha Uzalendo (CCU)'s duo Vincent Musyoka (Mwala), Vincent Munyaka (Machakos Town) Mbai Itwiku (Masinga) and Muungano Party Francis Mwangangi (Yatta) respectively could also lose their seats should their parties follow suit.

Section 14 (5) of the Political Parties Act states that a person who, while being a member of a political party, joins another political party, in any way or manner, publicly advocates for the formation of another political party or promotes the ideology, interests or policies of another political party shall, be deemed to have resigned from the previous political party.

The Constitution in article 103 states that the office of an MP becomes vacant if, having been elected to Parliament as a member of a political party, the member resigns from that party or is deemed to have resigned from the party or as an independent candidate, the member joins a political party.

Registrar of Political Parties Lucy Ndung'u said political parties must first follow the internal dispute resolution mechanism before they can submit their recommendation for action if they want a member to be de-registered.

Ms Ndung'u explained that if a person is deemed to have contravened the Political Parties Act and the party's constitution, then a party can institute disciplinary action against that member.

"When the name is submitted to us after a conclusive process, we shall de-register the member," said Ndung'u.

The law further adds that a member of a political party may only be expelled from a political party if the member has infringed the Constitution of the political party and after the member has been accorded a fair opportunity to be heard in accordance with the internal party disputes resolution mechanisms as prescribed in the party's Constitution.