TNA bosses differ over nominated Senator Joy Gwendo’s suspension

Joy Gwendo is a TNA nominated senator.  [PHOTO/IRVIN JALANGO/STANDARD]

A showdown looms in President Uhuru Kenyatta’s The National Alliance Party (TNA) over the suspension of embattled Nominated Senator Joy Gwendo.

TNA Chairman Johnston Sakaja and Secretary General Onyango Oloo are headed for a major clash after the former set aside the decision of the disciplinary committee to de-whip the senator from all committees and suspend her from the party.

The National Disciplinary Committee (NDC) had accused Ms Gwendo of being disrespectful to the party and recommended her expulsion through the National Oversight Board.

But Mr Sakaja, who is reported to have lodged the complaint against the senator, distanced himself from the case and sought to set the record straight. He said the accuser was TNA Kisumu branch, and termed the allegations as defective.

Nevertheless, Gwendo’s woes seem to have opened a new battlefront, pitting Sakaja and Mr Oloo, over who has the final say on her fate.

The senator’s reprieve appeared short-lived after Oloo maintained that Sakaja has no authority to overrule the decision of the disciplinary committee.

“It is only the National Oversight Board that has the final say. Once it sits, it will either ratify the decision or set it aside. Even though personally I don’t agree with the harsh judgment arrived by the committee, we can only lobby the board to vacate it,” said Oloo.

He continued: "These charges do not merit such punishment. Article 32 of the constitution is very clear, an individual cannot purport to vacate decisions of an organ of the party. Neither the chairman nor SG has these powers.”

Oloo said the board will be summoned and a date set to consider Gwendo’s case.

“We want to do things in a procedural manner, expulsion should be done within a high threshold,” he stressed.

However the TNA constitution availed to The Standard by Sakaja, gives the chairman sweeping powers to handle the affairs of the party, including dealing with errant members.

According to Article 7 2 (a) (b) on the duties and powers of the chairman, he has the express authority to without prejudice, ensure discipline and proper conduct of all party officials, officers and members, and otherwise enforce adherence to party policies.

Sakaja said his actions are within the law.

The party chairman had indicated that after having gone through the verdict of the disciplinary committee, he found it defective as the complainant in the case is TNA's Kisumu branch and not him as indicated throughout the proceedings.

“There have been cases where the character of Gwendo and by extension, the value of TNA, have been portrayed in negative light through the media but despite the foregoing, I find the verdict of the committee as excessive,” he said.

He added: " There do exist other avenues for amicable resolution between Gwendo and Kisumu branch."

According to the committee ruling, signed by five members including Deputy Chairman Washington Makodingo, the senator was de-whipped from all Senate committees and suspended from the party.

Sakaja said: "The verdict of the disciplinary committee should be set aside and a process of arbitration and reconciliation be commenced by the office of the national chairman."