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The ANC Party led by Musalia Mudavadi have lost their bid to expel Kakamega Senator Cleophas Malala after the move was nullified by the Registrar of Political Parties Anne Nderitu.
Nderitu ruled that the ANC party failed to follow the due process when it purported the expel Malala who was accused of gross misconduct and disloyalty to the party.
"This office acknowledges receipt of your letter dated 26th June 2020 communicating the ANC National Governing Council’s resolution to expel Hon Cleophas Malalah Wakhungu. 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 due to the process gaps noted as follows.
"The disciplinary proceedings were not concluded within the stipulated timelines under Article 48 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 ruled.
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Malala risked losing his senatorial seat if the ANC party had succeeded in expelling him.
He was cited for campaigning for the ODM candidate in Kibra parliamentary by-election even though ANC had its candidate in the by-election.