Kisumu Senator Tom Ojienda and four other politicians have gotten a major reprieve after the Political Parties Dispute Tribunal issued orders barring ODM from deleting their names from the party register.
A ruling by the Tribunal chairperson Desma Nungo granted conservatory orders staying ODM's decision to expel the five politicians from the party.
Those whom the tribunal has granted orders stopping their expulsion from the party are Ojienda, Langata MP Phe Odiwour Kodhe alias Jalango, Suba MP Caroli Omondi, Bondo MP Gideon Ochanda and Gem Elisha Ochieng Odhiambo
"That in the interim and pending the hearing and determination of the application, this
Honourable Tribunal hereby issues interim conservatory orders staying the implementation of the decision of to expel and remove the names of the five politicians as a member of the ODM Party," ordered Nungo.
She further issued interim orders restraining ODM from de-whipping and or removing Ojienda as a committee member of the County Public Investment and the Security Committee.
Nungo has suspended the implementation and execution of the decision by ODM to expel the five from the party.
The tribunal has also barred the Registrar of political parties from acting if the recommendations forwarded to her by ODM inform her the five have since ceased being members of the party.
The effect of this is to relinquish their election pending the hearing of the suit challenging the decision to be expelled for alleged shifting their loyalties and cooperating with the ruling coalition of President William Ruto.
In their case before the tribunal, the five accused ODM of irregularly removing their names from the register of members of the party through a fundamentally flawed process.
The five, who are life member of ODM, stated that they are apprehensive that the party will recommend the cancellation of their elections thereby declaring their respective seats vacant triggering by-election in the said positions.
"The complainants are apprehensive that if ODM and Registrar of Political Parties will proceed to remove them as elected senator and MPs which action will lead to them losing their respective seats, " reads the evidence filed in the tribunal.