Expelled ODM lawmakers want tribunal to overturn the decision

Azimio La Umoja One Kenya Alliance leader Raila Odinga addressing residents of Magena in Bomachoge Borabu, Kisii County, on Sunday, September 10, 2023. [Sammy Omingo, Standard]

He has sought nine orders, among them, an order restraining the party from removing him from the County Public Investments Committee and the Security Committee of the Senate.

According to Ojienda, he is a life member of the party and has supported the party financially and materially, and does not therefore deserve to be kicked out.

"Sometime on July 25, 2023, I was subjected to a fundamentally flawed and pre-determined disciplinary process," said Ojienda.

The senator said he only learnt about the decision to expel him through a press conference and is yet to receive any formal communication regarding the decision the party took from July 25, 2023.

He claimed the decision to expel him from the party violated several articles of the constitution.

Ojienda claims he risks losing his seat if his name is expunged Register and claims that the harm he is likely to suffer cannot be compensated through damages.

Odhiambo, the Gem MP, wants the tribunal to issue temporary orders barring ODM from expelling him from three committees of the national assembly.

He is banking on 14 grounds to overturn ODM's decision.

According to the legislator, he met President Ruto and his deputy Rigathi Gachagua in his capacity as an MP and should not be punished for that.

The MP argues that his meeting with the president is among the reasons the party targeted him. In his motion, Odhiambo says the meeting was not political.

Kisumu Senator Tom Ojienda during the Senate Public Investments and Special Funds Committee meeting at parliament on July 31, 2023. [Boniface Okendo, Standard]

He claimed he was removed from the party's WhatsApp group of Luo Nyanza MPs where all communication regarding the party is channeled.

In his suit, Ochanda has described his expulsion as shocking and claims he was not given a chance to be heard. He said he was not also given any official communication regarding the decision to expel him from ODM.

Last week, ODM expelled the lawmakers over allegations of gross misconduct.

The five faced charges of violating the party constitution by contravening the Political Parties Act, which stipulates that a member who promotes the ideology of another is deemed to have resigned from the said party.

The party also resolved to revoke the nominations of four Kisumu MCAs.

The MPs also claimed they were not aware of the party's position in regards to the voting on the Finance Act, 2023 after the party stopped communicating with them.