Saturday, May 28, 2011

ODM seeks Wako’s opinion on ministers in party posts

By Nation Reporters
Posted  Friday, May 27 2011 at 22:00

The Orange Democratic Movement is seeking Attorney General Amos Wako’s legal opinion on whether ministers and MPs are allowed to hold party positions.
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Political parties have been at odds with the interpretation of the provisions in the new Constitution given by the Commission for the Implementation of the Constitution (CIC).
The tough position taken by CIC chairman Charles Nyachae, which could see ministers and assistant ministers lose powerful positions in political parties, has led ODM to postpone its elections scheduled to take place between June 3 and June 6 “until further notice”.
On Friday, deputy party leader Musalia Mudavadi said ODM had for weeks been seeking clarification from the registrar of political parties on the participation of councillors, MPs, assistant ministers and ministers in party elections.
“Yesterday (Thursday), the registrar wrote to us stating that any appointed State officer shall not hold office in a political party,” Mr Mudavadi said.
He was speaking after a meeting of the party’s parliamentary group cum National Executive Council at Orange House.
The party feels that the registrar of political parties’ position contradicts “correct interpretation of Article 77 (2) of the Constitution read in the context of the Transitional clauses,” he said.
ODM has written to the Attorney-General seeking his interpretation in the next two weeks before the party proceeds with the polls.
The registrar of political parties, Ms Lucy Ndung’u, was acting on the advice of Mr Nyachae, who on May 19 stated that ministers and MPs should not vie for party posts in the pending elections.
“No appointed State officer should offer themselves for election unless they intend to forfeit the State office,” he said.
Mr Nyachae said that whereas politicians could use different interpretations of the word “appoint” to continue holding party positions, the facts are well explained in the Constitution.
He warned that those who insisted on holding such posts risked being dismissed.

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