Exclusive: Why ANC expelled Kakamega Senator Cleophas Malala

Senator Cleophas Malala. Image|Courtesy

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

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