The National Assembly says it cannot act on the Amani National Congress (ANC) party request to expel nominated MP Godfrey Osotsi.
Assembly Clerk Michael Sialai has written to Musalia Mudavadi’s party, asking it to comply with the provisions of Article 103 of the Constitution on vacation of office of an MP.
Article 103 stipulates that an MP can vacate office if the member resigns from Parliament in writing to the Speaker.
Also, if, having been elected to Parliament as a member of a political party, the member resigns from the party or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in law, or as an independent candidate the member joins a political party.
This comes just two weeks since a similar move back-fired after acting Registrar of Political Parties Anne Nderitu demanded to be furnished with crucial documentation and evidence used in his expulsion process.
In a letter dated April 3, 2019, responding to Barrack Muluka, the ANC Secretary General, Sialai also advised the party to abide by Article 105 of the Constitution on the determination of questions of membership.
“We acknowledge receipt of your letter... on the expulsion of Osotsi... We are unable to take action on this matter until the provisions in the Constitution are complied with,” Sialai wrote.