Court rules against Jalang’o’s expulsion from ODM

In a significant verdict, the Political Parties Disputes Tribunal has overturned the decision to expel Kisumu Senator Tom Ojienda and MPs Elisha Odhiambo (Gem) and Felix ‘Jalang’o’ Odiwuor (Lang’ata) from the ODM Party.

The Tribunal’s decision, which was not unanimous, held that the ODM Party’s Disciplinary Committee had infringed upon the rights of the legislators to a fair hearing. Specifically, the Tribunal objected to the fact that Professor Ben Sihanya, a Lecturer in a Public University, chaired the Disciplinary Committee.

“It is the Tribunal’s view that by virtue of being a Lecturer in a Public University, Professor Sihanya was barred from taking a substantive seat or position in a Political Party in this case the ODM,” the Tribunal ruled.

The dissenting member of the Tribunal, however, argued that the Tribunal lacked jurisdiction to hear the matter, asserting that only the Registrar of Political Parties could determine the issue.

Despite the dissenting view, the Tribunal concluded that the Complaints by the members were merited.

“We found that the Disciplinary Proceedings were unprocedural and restrained the Registrar from removing the Complainants, Tom Ojienda, Odhiambo, Ochanda, Jalang’o and Caroli from the Orange Democratic Movement Party,” it was ruled.

While the Tribunal’s decision offers a temporary reprieve for the MPs, the ODM Party has indicated its intention to appeal the decision or re-institute charges against the members.

The case highlights the importance of due process in disciplinary proceedings and the role of the Political Parties Disputes Tribunal in safeguarding the rights of political party members.