Kakamega Senator Cleophas Malala has challenged his removal from the office of deputy leader of Minority of the Senate.
He has told the Political Parties Disputes Tribunal that his removal on March 24 was unprocedural, unilateral, unlawful and violated the NASA coalition agreement between ODM and four political parties, hence null and void.
“The complainant discharged the duties of the Senate diligently until his unceremonious removal on March 24 in a charade solely orchestrated and executed by ODM contrary to their agreement,” Malala says in documents.
In the case, Kilifi Senator Stewart Madzayo, who replaced him, Amani National Congress, Wiper Democratic Movement, Ford Kenya, Chama cha Mashinani and the Office of the Registrar of Political Parties have been listed as interested parties.
Malala argues that ODM, ANC, Wiper, Ford-K, having entered into a coalition agreement duly lodged with the ORPP, collectively formed NASA.
This he said explains why different offices of the alliance at both the National Assembly and the Senate are held by persons belonging to different constituent political parties as per the power sharing agreement.
“Pursuant to the agreement dated April 20, 2017, ODM and the coalition parties collectively form the opposition and the House leadership positions are to be shared only per the power sharing agreement,” he adds.
He says that at the time of filing the complaint, no member of the coalition had formally opted out of the coalition and the power sharing agreement, hence their binding nature on all the partners being ODM and the other parties.
Malala argues that even worse is the fact that the Orange party, since the March 2018 handshake between its party leader Raila Odinga and President Uhuru Kenyatta, has “joined” the ruling party.
He adds that by joining the ruling party, it has raised serious doubt as to whether its members of Parliament can lawfully take up opposition leadership positions at the assembly and the Senate.
He says there has been no internal processes within the coalition initiated either by ODM or any partner on his removal from the office.
ODM is represented by lawyer Samuel Makori. The tribunal has given the parties seven days to respond to the petition and appear in court on May 18 when it will be heard.