Kakamega Senator Cleophas Malala is off the hook, at least for now, after the Registrar of Political Parties declined a request by Amani National Congress to expel him from the party.
Registrar Ann Nderitu said the expulsion request had procedural flaws.
“This Office acknowledges receipt of your letter dated June 26, 2020 communicating the ANC National Governing Council’s resolution to expel Hon. Cleophas Malalah Wakhungu,” read a letter from Nderitu.
“Subsequent to the review of the submission on the expulsion of the said party member against the applicable laws including the ANC Party Constitution, the Office is unable to execute your request…”
She noted “disciplinary proceedings were not concluded within the stipulated timelines under Article 49 of the ANC Party Constitution” and that “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.”
On 26 June 2020 the ANC Governing Council approved the decision to expel Malala from the party following the disciplinary committee decision to suspend the vocal legislator.
In November last year, the party DC had summoned Malala to respond to charges against him over remarks he made during a rally organized by the Orange Democratic Movement and subsequently suspended him from the party after he failed to neither appear nor respond to the charges.
“…your utterances, and activities at the political rally convened by ODM at Kibra on October 27, 2019, prejudiced the integrity and reputation of the ANC Party, its members, and employees,” the committee told the legislator.