Wednesday, July 20, 2011

Raila allies move to expel Ruto’s group


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From left: Suspended Cabinet minister William Ruto, assistant minister Aden Duale, MPs Charles Keter (Belgut), Joshua Kutuny (Cherangany) and Isaac Ruto (Chepalungu).
Photos/FILE From left: Suspended Cabinet minister William Ruto, assistant minister Aden Duale, MPs Charles Keter (Belgut), Joshua Kutuny (Cherangany) and Isaac Ruto (Chepalungu).
By OLIVER MATHENGE omathenge@ke.nationmedia.com and JACOB NGETICH jngetich@ke.nationmedia.com
Posted  Wednesday, July 20 2011 at 22:30
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The Orange Democratic Movement turned to the courts to expel five rebel MPs and have them stripped of their parliamentary seats.
Two party members filed a case at the Nairobi High Court seeking to kick out suspended Cabinet minister William Ruto, assistant minister Aden Duale and MPs Charles Keter (Belgut), Isaac Ruto (Chepalungu) and Joshua Kutuny (Cherangany).
However, the target MPs who have parted ways with party leader Prime Minister Raila Odinga described the move to expel them from the party as “dictatorial” and the “kicks of a dying horse”.
Mr Ruto (Eldoret North) is also ODM deputy leader, while Mr Duale is one of the party’s vice-chairpersons.
The petitioners, Mr Mpuru Aburi and Mr Kepher Odongo, through lawyer Cecil Miller, argue that the respondents are in Parliament in contravention of Article 103 of the Constitution and Section 17(4) of the Political Parties Act.
They argue that Mr Ruto and the four others have, through public declarations and activities, indicated that they quit ODM and have joined United Democratic Movement.
Seat falls vacant
The Constitution says that a Parliamentary seat falls vacant if a member “resigns from their party or is deemed to have resigned from the party”.
The Political Parties Act indicates that a person who, while a member of a political party, forms another, joins in the formation or as a member of another, publicly advocates for the formation of another political party loses membership in their original party.
An advisor in Mr Odinga’s office, Mr Miguna Miguna, told the Nation that the action was taken after the MPs failed to “voluntarily leave the party” and after the Registrar of Political Parties failed to take action against them.
“They have already said that they are leaving the party, but they have refused to leave voluntarily even after we gave them the chance.
“They should welcome the move as it will free them since they have said they no longer want to be in ODM,” he said.
“We await keenly to see whether Ruto and company will be brave enough to resign from both their party and parliamentary seats so that they can test their much flaunted popularity vis-à-vis that of the PM and ODM,” Mr Miguna added.
The five MPs first lost favour with their party over differences that have been linked to the 2007 post-election violence and eviction of squatters from the Mau forest.
They have also indicated that they would no longer wish to defend their seats under ODM and have been associated with United Democratic Movement, which is an affiliate of the Orange Party together with Narc.
The MPs allied to Mr Ruto have been supporting candidates running on UDM tickets in civic by-elections.
The grouping has also been associated with the crafting of an alliance between Mr Ruto, Deputy Prime Minister Uhuru Kenyatta and Vice-President Kalonzo Musyoka.
The party had earlier told the Interim Independent Electoral Commission, through the Political Parties Registrar, that they would like to expel some of their MPs.
The IIEC, however, asked the party to provide minutes of when the party made the decision. But the targeted MPs dismissed the move and vowed to fight it out in court.
Speaking in Parliament, Mr Kutuny and his Mr Keter said that they were ready to face ODM in by-elections and would fight it out in court. They said ODM was demonstrating traits of the Kanu era.
Mr Keter added that he would also seek the opinion of his constituents on whether or not he should remain in ODM.
Mr Kutuny dismissed the move by ODM saying that he would instruct his lawyer, Mr Ababu Namwamba, who is also the party’s Parliamentary Group secretary “do the necessary”.
“What we know is that this is how dictators operate, but we are ready to face anything and, therefore, we will meet them in court,” Mr Kutuny said.
Separately, Mr Ruto (Chepalungu) said the ODM was short-circuiting the process by going to court before exhausting party procedures for the expulsion of the errant members.
The Chepalungu MP said he had told ODM leaders six months ago that if they did not feel comfortable with him, they should kick him out of the party.

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