A nominated MCA from Kakamega County has moved to court to block the Amani National Congress (ANC) from expelling her.
Jackline Mwakha Okanya has obtained orders to stop what she termed as “unconstitutional suspension” from the party.
Last week, Okanya was suspended from the party and given 30 days off.
It is expected that she will be summoned to appear before ANC Disciplinary Committee to face specific charges, in line with the laid out Disciplinary procedures.
Okanya has been accused of disruption of Party activities in the Kakamega County Assembly by having rudely, conducting herself in a despicable fashion and in defiance of the Party Secretariat, the Party Leader and the Party Secretary General.
“It has since been brought to our attention that you have not refrained from your chosen path of misconduct and intransigence against the orderly conduct of Party affairs. Contrary to Article 50(a) of the Party’s constitution, you have attempted to get things done your way through the use of violence and or threat to violence,” a letter signed by the ANC party Secretary General Barak Muluka partly reads.
She was also accused by the party for breaching peace and being unruly.
ANC said she carried out a coup in the Party leadership.
Kakamega Magistrate Ochieng’ C.M has granted her a temporary injunction and restrained the ANC from suspending her.
The Kakamega County Assembly speaker has also been restrained from implementing any orders aganst the MCA from the ANC party.
The case will be heard on 5th April.
While addressing journalists in Kakamega on Thursday, Mwakha said she will not be cowed and intimidated.
“You cannot suspend a member without listening to her, it’s arbitrary. What we are saying is that people should allow party matters to be handled as per the relevant laws,” she said.
Last Friday Okanya is said to have led some ANC members in the Kakamega County Assembly to elect new leaders in the assembly against the party’s will.
The MCAs picked Walter Andati to replace David Ndakwa as minority leader, while Godliver Omondi was picked as the deputy minority leader.
Others picked to replace the incumbent in party positions were Jackline Okanya herself as the chief whip, Josephat Mwasame (deputy whip), Edward Masinde (party secretary) and Farouk Machanje (member of the county assembly service board).
Okanya said that this election valid with 19 out of the 29 ANC members fully supporting.
“The opposition in the Kakamega Assembly is not felt, because the leader of the minority is silent on the challenges that face the common mwananchi. Now that my colleagues have trusted me on whipping members into fighting for the needs and protecting the people of Kakamega, I am being intimidated.” Okanya said.