Musalia Mudavadi has suffered another setback after the Registrar of Political Parties refused to endorse his intention to expel Kakamega senator Cleophas Malala from the ANC party.
Anne Nderitu, the registrar of political parties in a letter dated July 6 told the ANC boss (Mudavadi) that his party's move to expel Malala did not follow due process.
"The disciplinary proceedings were not concluded within the stipulated timelines under Article 49 of the ANC Party Constitution. The National Governing Council did not approve the disciplinary committee as reconstituted by the NEC in line with Article 46 (1) (d)(ii) of the ANC party Constitution." Nderitu said.
ANC's National Governing Council met last month and expelled Senator Malala. The accused the outspoken senator of insubordinating ANC party and it's leadership.
ANC claims that it followed the due process as required by the law including inviting Malala to appear before the disciplinary committee of the party and he declined.
“The special meeting of the NGC hereby adopts and ratifies the resolution for internal disciplinary of the party and NEC expelling Hon Cleophas Malala from the party membership,” read part of the party’s ruling that expelled Malala.
The committee recommended expulsion of Malala from the party and the NGC unanimously adopted the disciplinary committee’s resolutions. Registrar of Political Parties Ms Ann Nderitu. [p/courtesy]Senator Malala laughed off the resolution saying and promised to issue a comprehensive statement later since he was busy chairing the senate committee that was handling the impeachment of Kirinyaga Governor Ann Waiguru. ANC and Malala have been on war after the senator chose to stand firm with the ODM leader Raila Odinga on Building Bridges Initiative. He abondoned the ANC party which sponsored him to the senate last year when after he openly declared support for a rival candidate in the Kibra by-elections where the ODM party won last november.
ANC's NGC meeting also resolved to adopt a new party Constitution and extended the term of office for all party officials.
The move saved Mudavadi who term as the ANC party leader would have expired last month. Already there were rival politicians who had hinted at going to the court to kick Mudavadi from ANC's leadership, a move which would have weakened his burgaining ground as 2022 succession politics take shape.