Attempts by the Musalia Mudavadi-led ANC Party to expel nominated Member of Parliament Godfrey Osotsi has hit a snag for the third time, after the registrar of political parties termed the move as prejudice.
In a letter dated April 10, 2019, the registrar of political parties Anne Nderitu, pointed out that there is an active case filed by Mr. Osotsi challenging the appointment of Barrack Muluka as the party Secretary General.
“This matter is expressly or impliedly relevant and related to cases currently under judicial consideration before the High Court. For that reason, and guided by the legal principle of ‘sub judice’ this office finds it far and just to await the court’s determination and pronouncement on the mentioned cases before taking nay action of the matter,” reads the letter in part.
The Osotsi-Mudavadi power play, came to light after Osotsi joined a movement to back ODM leader Raila Odinga’s swearing-in ceremony at Uhuru Park.
Osotsi claims the party ought to have abided by the law, and ensure party unity accusing a section of some leaders around the party leader of misadvising Mudavadi for their own gains.
The Amani National Congress (ANC) party has labled Osotsi and Kakamega Senator Cleophas Malala as rebels within the party.
The registrar has now convened a meeting with ANC to discuss the documents presented.
“Without prejudice, the office shall require a consultative meeting with the party with aim of seeking clarification on the Internal Dispute Resolution and Disciplinary procedure undertaken vis a vis the relevant provisions of your political party constitution to ensure compliance with the political parties Act, 2011,” said the registrar.
Earlier this month, Mr Osotsi filed a case before the constitutional division court challenging his expulsion from the ANC.
The legislator accused the Musalia Mudavadi-led party of “consistently, deliberately and malicious” withholding essential information that would enable him to respond to the charges leveled against him and facilitate his application for an appeal or review.