ANC bid to expel Godfrey Osotsi backfires
- Acting Registrar of Political Parties Anne Nderitu demanded to be furnished with crucial documentation and evidence used in the process.
- Ms Nderitu says that it is important that the party leadership complies with section 14 (7) of the Political Parties Act before expelling the member.
A bid by Musalia Mudavadi’s Amani National Congress (ANC) party to expel nominated MP Godfrey Osotsi has backfired after acting Registrar of Political Parties Anne Nderitu demanded to be furnished with crucial documentation and evidence used in the process.
In a letter to the party dated March 21, 2019, Ms Nderitu says that it is important that the party leadership complies with section 14 (7) of the Political Parties Act before expelling the member.
“In order to take the necessary action as required by law, the party is requested to furnish this office with the requisite internal dispute resolution mechanism proceedings, which should include the correspondences between the party and the concerned member,” Ms Nderitu says.
On Wednesday this week, ANC’s National Executive Committee Council (NEC) ratified the decision of the party’s disciplinary committee to expel Mr Osotsi over claims of misappropriating the party’s funds at the time he served as the secretary-general ahead of the 2017 general election.
Mr Osotsi is not the only official accused of financial improprieties. Nominated Senator Petronilla Were, who served with Mr Osotsi in the party during the time, is also undergoing disciplinary action within the party over similar charges.
On Friday, Mr Osotsi dismissed the purported removal as illegal and inconsequential because he was not afforded the opportunity to defend himself against the allegations.
He also said the party lied that the decision was based on the auditor-general’s audit report yet it was a management letter that required the party to respond on the issues raised.
A management letter essentially means that the audit is in process and that the findings are yet to be arrived at to form an opinion.
“My lawyers are studying the case and they will react at an appropriate time,” Mr Osotsi said. He also noted the fact that the registrar wants to be informed more of the purported decision is an indication that it was rushed.
According to section 14 (7) of the Political Parties Act, a member of a political party may only be expelled from that party if the member has infringed the constitution of that party.
It continues that the member has been afforded a fair opportunity to be heard in accordance with the internal party disputes resolution mechanisms as prescribed in the Constitution of the party.
Mr Osotsi also noted that the Directorate of Criminal Investigations George Kinoti, is still investigating the matter after ANC leadership requested him to do so.
“This clearly shows that the spirited attempts to remove me from the party have nothing to do with the allegations raised against me but leadership. Some people want to take over the party,” he said.