BY JAMES MURIMI
The decision by former deputy Prime Minister Musalia Mudavadi’s Amani National Congress (ANC) party to expel nominated MP Godfrey Osotsi has continued eliciting mixed reactions.
The party has witnessed a prolonged tussle between Osotsi and Barrack Muluka over who is the legitimate Secretary General.
But High court Judge Cecilia Githua has since barred Muluka’s removal from office until judgement will be delivered on May 25.
In an interview with Mt Kenya Times, ANC deputy party leader Ayub Savula said that Osotsi was procedurally axed after a decision was made anonymously arrived at by the party’s disciplinary committee.
Savula said the party’s National Executive Council approved the decision by the disciplinary committee which had was tackling the matter of financial impropriety allegedly raised by Auditor General Edward Ouko.
“We are not chasing Osotsi because he is working with ODM but only following issues that were raised by the disciplinary committee. He can continue playing his politics and he is free to be nominated by ODM,” the Lugari MP said.
“The position to expel him remains the same and nothing has been changed on the decision.”
Osotsi who is also the party’s Parliamentary Group chairman further said that Osotsi ceased to be ANC’s Secretary General when he got nominated to Parliament.
“When Osotsi got nominated to Parliament, he signed a resignation letter before Mudavadi indicating that he had resigned as the party’s secretary general. But after enjoying the fruits of Parliament, he changed his mind and wanted to retain the SG post,” Savula.
In a letter dated March 19 this year, Muluka had written to the National Assembly Clerk Michael Sialai, indicating that both the disciplinary committee and NEC had issued a verdict to have the lawmaker expelled.
“Godfrey Osotsi stands expelled from ANC. He is no longer a member of this party and ceases to enjoy the privileges attendant of being a member of the party, or to act on behalf of the party in anyway whatsoever,” read the letter in part.
“Kindly accept this letter to serve as a formal request by ANC party, beseeching you to commence the requisite statutory procedures and attendant actions with respect to the said Godfrey Osotsi, as befits a nominated MP whose membership of the sponsoring party has been terminated.”
But Sialai refused to act on Osotsi’s expulsion, indicating that Articles 103 and 105 of the Constitution were not adhered to. The Articles sheds light on how the position of an MP should be declared vacant.
The letter was also copied to Registrar of Political Parties Anne Nderitu who requested to be served with copies of how the decision was arrived at.
“In order to take the necessary action as required by law, the party is requested to furnish this office with the requisite internal dispute resolution mechanism proceedings, which should include the correspondences between the party and the concerned member,” Nderitu said.
ANC disciplinary committee chairman Dan Ameyo had on January 10 this year written to Osotsi informing of the complaints raised and the scheduled disciplinary hearings.
The legislator is alleged to have failed to show accountability for Sh50 million and failure to remit revenue received by ANC as allegedly indicated by the Auditor General.
Osotsi has since moved to court, accusing the party of failing to give him a fair hearing before arriving to the decision to kick him out of the party.
Through his lawyer Jackson Awele, the legislator said he had on March 22 requested the committee and the National Executive Council to furnish him with copies of the written reasons for his expulsion
“The party has consistently, deliberately and maliciously withheld essential information that would enable me to substantively respond to the purported charges leveled against me and facilitate application for an appeal or review,” Osotsi said.
He claims that since October 2017, he ceased gaining access to party records after he left the Secretary General post.
“There is a frantic pre-occupation with ensuring that I am struck off the register of members of the party and to commence removal proceedings against me as an MP,” he said.
BY JAMES MURIMI