Aisha Jumwa’s expulsion from Raila party nullified

A tribunal has declared the Orange party’s decision to expel Malindi lawmaker Aisha Jumwa (pictured) null and void.

The decision by the Political Parties Disputes Tribunal (PPDT) also bars the Registrar of Political Parties from removing her name from the Orange Democratic Movement (ODM) membership on the basis of the invalidated disciplinary proceedings.

Jumwa got the reprieve after the tribunal ruled that Opposition leader Raila Odinga’s party did not follow due process in kicking her out of ODM for being disrespectful.

The party is said to have failed to produce before the tribunal, chaired by Kyalo Mbobu, documents showing details of the disciplinary committee members who grilled the MP and arrived at the conclusion that action be taken against her. The tribunal was not shown any attendance record or the minutes of the disciplinary committee hearing of October 19, 2018.

“We find that the complainant did not appear before a duly-constituted disciplinary committee within the meaning of the party’s constitution,” read part of the ruling signed by Mr Mbobu, Dr Adelaide Mbithi and Desma Nungo.

It also emerged at the tribunal that Jumwa does not know her accusers to date since no formal complaint was filed against her.

The show cause letter against her indicated that ODM’s National Chairman John Mbadi had received complaints against her but there was no formal, written and signed complaint written and filed with the party as required by its constitution.

Video clips

Mbadi had received complaints regarding her conduct and utterances allegedly published by several media houses on July 15, 2018 but the party failed to ask the tribunal to play the video clips in full participation of all the parties in the matter.

“It is our view that the complainant’s right to cross-examine her accuser as provided under Article 47 of the Constitution was breached,” Mbobu said.

However, the tribunal ruled that ODM is at liberty to undertake a fresh disciplinary process against the MP before a duly constituted disciplinary committee if it wishes.

Jumwa was expelled from the Orange party after being accused of openly showing disrespect to the party leader, and insinuating she had decamped and aligned herself with Deputy President William Ruto.