In what is seen as a precursor to a protracted legal battle, Kisumu Senator Tom Ojienda has sought documentary evidence from the Orange party that expelled him for allegedly collaborating with President William Ruto's ruling Kenya Kwanza coalition.
The senator has sought details of the deliberations of the ODM disciplinary committee that preceded the decision to expel him from the party.
In a letter dated September 7, Prof Ojienda says he is yet to receive any official communication about his expulsion from the ODM party for allegedly collaborating with the ruling coalition.
"Despite this being an extremely adverse decision against our client (Prof Ojienda), you are yet to personally serve him with any communication regarding his expulsion. In the light of the above, we are writing to request for the immediate production of the proceedings and documents relating to his expulsion," reads part of a letter addressed to the ODM party by the law firm of Prof Tom Ojienda & Associates.
Prof Ojienda is seeking four things from the chairperson of the National Executive Committee (NEC) at Chungwa House.
The embattled senator is seeking the ODM NEC's decision to expel him from the party. He is also seeking the recommendations of the ODM Disciplinary Tribunal to expel him from the party.
Prof Ojienda, who is a Senior Counsel and a first term senator, is also demanding to see "all minutes of the ODM NEC, Central Committee and National Electoral Commission regarding his expulsion".
He says he learnt of his predicament from a press briefing by ODM chairman John Mbadi, who is also a nominated MP.
In the letter, which was copied to former Law Society of Kenya president Nelson Havi, Prof Ojienda also asked for the ODM Disciplinary Tribunal proceedings to be typed.
On Wednesday, the opposition party cracked the whip on politicians it considered to be government supporters and therefore loyal to the ruling coalition. Apart from Prof Ojienda, the ODM DT has shown the door to four other MPs including Phelix Odiwuor alias Jalang'o (Lang'ata), Paul Abuor (Rongo), Elisha Odhiambo (Gem) and Caroli Omondi (Suba).
The move to have the case heard is seen as a precursor to a protracted legal battle between the politicians and ODM.
