Malindi MP Aisha Jumwa Political future right now is hanging on the peg. ODM Executive kicked her out for disobeying the party rules.
Jumwa, through lawyer Hillary Sigei, told the Political Parties Tribunal that the punishment was outrightly unfair, excessive and ought to be revised.
The tribunal also heard that the disciplinary committee was not properly constituted, thus any decision made thereafter was illegal, null and void.
Before expelling her, the party accused the MP of advancing the interests of another party by openly campaigning for the Deputy President William Ruto to succeed President Uhuru Kenyatta when he retires.
The party’s National Governing Council approved the decision of its disciplinary team and kicked her out in March.
Jumwa told the tribunal that no valid decision was made because the chair of the committee sat alone.
“I urge this tribunal to find that in the absence of a properly constituted committee, it was unlawful for my client to be expelled,” Sigei said.
But the party in response said there was no violation in the constitution in relation to the quorum. It said the disciplinary committee is allowed to make its own rules and procedures.
The party in an affidavit filed in court and sworn by secretary general Edwin Sifuna maintained that it acted within its constitution in expelling Jumwa.
Jumwa took ODM to court following her expulsion from the party. She wants the court to quash the decision over disregard for the law, corruption and double standards.