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Music Copyright Society of Kenya (MCSK) Chief Executive Officer (CEO) Ezekiel Mutua has condemned the expulsion of five members of parliament from the ODM party, citing malice.

The lawmakers including outspoken Lang’ata MP Felix Odiwuor and Kisumu Senator Tom Ojienda were kicked out of the opposition party over their political dalliance with President William Ruto’s Kenya Kwanza administration.

Mutua on Wednesday said the move undermines the country’s gains in democracy, adding that the opposition should tolerate dissent.

“The expulsion of ODM MPs working with the Government is wrong and undermines democracy. It’s a contradiction in terms to talk of freedom of expression when one cannot tolerate dissent,” Mutua said in a post on X, formally Twitter.

At the same time, the MCSK boss called out leaders defending ODM’s decision.

“Sad to see people like Kabando Wa Kabando who claim to be social democrats support the injustice,” he said in response to former Mukurweini MP Kabando wa Kabando’s statement lauding ODM’s punishment for the perceived rebel MPs.

The expulsion of ODM MPs working with the Government is wrong and undermines democracy. It’s a contradiction in terms to talk of freedom of expression when one cannot tolerate dissent. Sad to see people like Kabando Wa Kabando who claim to be social democrats support the…

— Dr. Ezekiel Mutua, MBS (@EzekielMutua) September 6, 2023

Kabando, a veteran political activist, had indicated that the MPs’ expulsion was “timely and right”.

He opined that any politician who associates with a rival party should quit and face a by-election.

“Expulsion of MPs elected on @TheODMparty for defecting to Ruto’s ‘state house’ @UDAKenya
is timely & right. If your politics is in conflict with party that sponsored you, quit to face by-election. To anchor multiparty democracy, political cannibalism and opportunism must end,” Kabando stated.

Jalang’o, Ojienda and their colleagues Elisha Odhiambo (Gem), Caroli Omondi (Suba South), and Gideon Ochanda (Bondo) were expelled by the National Executive Committee (NEC) after appearing before the party’s disciplinary committee in July.

The lawmakers were accused of violating the party’s Constitution and Political Parties Act 2011 by openly associating with and supporting activities of a rival political party and opposing lawful decisions and resolutions made by the party organs.

The committee said the members were deemed to have resigned from the party and ordered their removal from the ODM register.

“The party is hereby directed to commence the process of removing them from the register of the party,” NEC said on Wednesday.

On the other hand, Uriri MP Mark Nyamita and his Rongo counterpart Paul Abuor, who were facing similar accusations, were fined Ksh1 million each over the offences and directed to tender an apology to the party within seven days.

Nairobi Woman Representative Esther Passaris was also reprimanded for defying the ODM party position by voting in favour of the Finance Bill 2023.

She was fined Ksh250,000 and also directed to tender a written apology.