What will happen if Jalang’o and Co resign from Azimio?
Politics is, undoubtedly, a game of vested interests but it’s also governed by precise rules and laws to avert anarchy.
Party leader Raila Odinga is counting on this to get back at Azimio la Umoja One Kenya Coalition Party rebels who have allegedly switched their allegiance.
The recent controversial visits to the State House by over 40 Azimio members consisting of Members of Parliament and senators have widened the split in the party that is currently focused on its anti-government protests.
President William Ruto and his Deputy Rigathi Gachagua held a closed-door meeting with over 30 Jubilee MPs on Wednesday.
The MPs pledged to work with Ruto’s government.
Soon after, President Ruto also met nine ODM MPs at the State House, causing uproar and reaction from the opposition.
Kisumu Senator Tom Ojienda led the team, which comprised MPs Gideon Ochanda (Bondo), Caroli Omondi (Suba-South), Elisha Odhiambo (Gem) Shakeel Shabir (Kisumu East), Paul Abuor (Rongo), Mark Nyamita (Uriri), Walter Owino (Awendo) and Felix Odiwuor alias Jalang’o (Langata). Information Cabinet Secretary Eliud Owalo was also present.
The carefully selected lawmakers were called by the State House on Monday evening to attend the meeting with the President.
Raila Odinga has now announced his stand on the party rebels. He wants them out!
According to a letter dated February 9, ODM secretary General Edwin Sifuna, who is also the Nairobi Senator said the internal process of looking into the conduct of the MPs has been initiated by various party organs.
What does the law say?
Section 14 (5) of the Political Parties Act states that a person who, while being a member of a political party, joins another political party, in any way or manner, publicly advocates for the formation of another political party or promotes the ideology, interests or policies of another political party shall be deemed to have resigned from the previous political party.
The Constitution in article 103 states that the office of an MP becomes vacant if, having been elected to Parliament as a member of a political party, the member resigns from that party or is deemed to have resigned from the party or as an independent candidate, the member joins a political party
Ideally, this would necessitate a by-election as the defectors seek a fresh mandate from voters.
However, this has never been the case for most party defectors in the country as many were saved by the court.
There is also an argument that unless the defector writes to the party, it’s difficult to prove that a member has ditched the party.
Section 14 of the Act, stipulates that a member of a political party who intends to resign from the political party shall give a written notice prior to his resignation to the political party, the clerk of the relevant House of Parliament, or the clerk of a County Assembly.
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