Embattled Kakamega Senator Cleophas Malala was on Friday
expelled from being a member of the Amani national congress (ANC) party.
The decision was made after the party members held a national
governing council meeting at its headquarters.
Led by its party leader Musalia Mudavadi, the
delegates unanimously chose to have a consensus meeting to discuss matters
pertaining the party and especially the conduct of Senator Malala.
The meeting was told that Malala was given enough time
to defend himself but chose to ignore hence leaving no option for the party but
to expel him in accordance with the party constitution.
Having discussed this, the party resolved that the
special meeting of the national governing council (NGC) adopts and ratifies the
decision of the national disciplinary committee of the ANC party to expel
Malala from the membership of the party.
The expulsion decision was proposed by Salim Bussaidy
and seconded by Christopher Chesa.
In the Statement it reads: “Political parties act and
the party’s constitution, membership of any political party is voluntary,
nevertheless, once a member, one accepts to submit themselves to the
constitution and rules of the party, without this, no party would survive.
Hon Malala was given an adequate and fair chance to
defend himself but the member snubbed the invitations and called the entire party
process and official’s names, he rubbished all of them, the national
disciplinary committee and NEC therefore made the decision to expel in
accordance with the party constitution and the law”
Earlier on in the meeting, after a quorum had been
achieved after which the secretary general Barrack Muluka read out the notice
under which the meeting was convened giving a brief chronology of events
prompting the special meeting of 11th June 2020, by the national
executive committee (NEC) and circumstances under which NEC made the
resolutions which were being acted upon now by the national governing council.
The meeting being a special one under the party
constitution, the Secretary General reminded the delegates the singular mandate
which was to review and ratify only those resolutions placed before them in
that particular session based on the notice of convenience.
The meeting’s resolutions explained by Dr. Alutalala Mukhwana
who is among the party’s legal team, the circumstances leading to the
postponement of the party elections pointing out at the ravaging Covid-19 that
has caused a lot of suffering and untold loses not only to Kenyans but the rest
of the World.
He continued to narrate how because of the disease,
the Kenyan government instituted worldwide recognized protocols that among them
was to avoid large public gatherings until the virus is contained hence the
party unable to conduct its countrywide elections as stipulated by its
constitution.
The meeting also observed that the special meeting was
having full cognizance of the peculiarity of the covid -19 induced situation
and adopted and ratified the resolution of NEC to postponing of conducting
their party elections and resolved to further extend tenure of the current
office bearers until that time deemed fit to conduct elections. Both Margaret
Ntongai and Julius Arunga proposed and seconded the resolution.
Dr. Alutalala further explained to the meeting the
various provisions of the party constitution which had glaring deficiencies and
contradictions that had rendered it virtually impossible to resolve most
disputes emanating from the party membership.
He observed that the party constitution has been
mutilated to the extend, it has embroiled the party into expensive, disruptive
and endless court battles.
The legal advisor also told the members present that
actual content of the original constitution which the party thought all along
to be the filed copy had instead turned out to have contradictions and gaps
that made it vulnerable but assured them that the legal team of the party was
therefore mandated to make necessary rectifications to the said constitution to
revamp and reenergize it into a document of prosperity
