The Orange Democratic Movement has suffered a setback following its decision to expel Kisumu Senator Prof Tom Ojienda and four others from the party for allegedly supporting President William Ruto's ruling coalition.
The Political Parties Disputes Tribunal has thrown a lifeline to the politicians after issuing an interim order barring ODM from removing their names from the party register.
In a ruling, tribunal chairperson Desma Nungo granted a conservatory order suspending ODM's decision to expel the five politicians from the party.
Those whom the tribunal granted orders staying their expulsion from the party are Ojienda, Lang'ata MP Phelix Odiwour Kodhe alias Jalango, Suba MP Caroli Omondi, Bondo MP Gideon Ochanda and Gem Elisha Ochieng Odhiambo.
"That in the meantime and pending the hearing and determination of the application, this tribunal hereby makes interim conservatory orders staying the implementation of the decision to expel and remove the names of the five politicians as members of the ODM party," Nungo ruled.
She also issued interim orders restraining ODM from expelling and/or removing Professor Ojienda as a member of the County Public Investment and Security Committee.
The court has also restrained the Registrar of Political Parties from acting on the recommendations sent to her by ODM that the five have since been expelled from the party.
This has the effect of suspending their election pending the hearing of the case challenging the decision to expel them for allegedly switching allegiance and collaborating with President William Ruto's ruling coalition.
In their case before the tribunal, the five accused ODM of unlawfully removing their names from the party's register through a fundamentally flawed process.
The five say they fear the party will recommend that their elections be cancelled, thereby declaring their respective seats vacant and triggering by-elections in the said positions.
"The appellants are apprehensive that if ODM and the Registrar of Political Parties proceed to remove us as elected Senators and Members of Parliament, such action will result in them losing their respective seats," reads the evidence submitted to the tribunal.
The politicians have asked the court to intervene urgently and stop the implementation of the impugned decision before it's enforced by the Registrar of Political Parties.
They further contend that the unlawful decision to expel them from the party is a gross violation of their constitutional rights to belong to a political organisation of their choice.
Nungo has certified the cases as urgent and directed the politicians to serve their briefs on the Registrar and ODM within five days to enable them respond to the allegations of violation of their rights.
She directed that the cases be listed on September 21 at 2:30pm for compliance and further directions.
