ODM now wants the Political Parties Dispute Tribunal to dismiss a petition by Malindi MP Aisha Jumwa challenging her expulsion.
Through lawyer Samuel Makori, ODM Secretary General Edwin Sifuna said Ms Jumwa has not demonstrated that she is deserving of the orders sought.
“I urge this honorable tribunal to dismiss the entire complaint with costs and along with it, the motion for conservatory relief,” said Mr Makori.
The lawyer said the disciplinary committee of the party had issued a notice to Jumwa 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 many occasions, in full public view and glare of the media, showed and demonstrated her rebellion against the party, the party leadership and organs,” said Mr Sifuna
To offer mitigation
The ODM secretary general explained that the committee held that her utterances in public forums point to disregard of the party leadership and its procedures.
He said that Jumwa stated that there was no evidence linking her to offending utterances and yet the disciplinary committee presented evidence in the form of videos broadcast by national television stations and published on YouTube, and the same were handed over to her advocates.
Sifuna added that the party’s disciplinary committee convened and issued summons to appear and show cause on September 19, 2018.
He said Jumwa was given an opportunity to offer mitigation before the National Executive Committee (NEC) and the issues she raised were considered at great length by the members.
NEC offered the MP a second chance to ventilate her case before passing a penalty even though it was not under obligation to do so.
Sifuna said Jumwa’s claims that the disciplinary process infringed on her right to freedom of expression anchored in the Constitution are false.
He added that the MP, in justifying her conduct, raised the defence of freedom of association that is guaranteed under Article 36 of the Constitution.
Sifuna noted that Jumwa was to appear before the disciplinary committee of the party on October 10, 2018 but it happened to be a public holiday and the hearing was adjourned by consensus to October 12, 2018.
Makori, in documents, said that Jumwa, in being openly in-subordinate and rebellious, acted in disregard of aspirations of the party and violated the party’s code of conduct.
He added that she has further showed no remorse whatsoever for her actions and has clearly demonstrated a breach of statute. “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.
Jumwa took ODM to court following her expulsion from the party. Msambweni MP Suleiman Dori survived after he apologised to the party leadership. The party accused the MPs of advancing the interests of another party by openly campaigning for Deputy President William Ruto to succeed President Uhuru Kenyatta in 2022.
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