Sunday, January 8, 2012

Court ruling throws ODM officials in Coast into confusion



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The Nairobi High Court. It is unfortunate that there are only a limited number of databases or internet sites for legal materials in Kenya. Photo/FILE
Photo/FILE In his ruling, Justice Muriithi noted there was no proper basis for an order to restrain the registrar from registering the results of the grassroots elections. 
By MWAKERA MWAJEFA mwajefa@ke.nationmedia.com
Posted  Saturday, January 7  2012 at  21:03
A recent ruling in the Mombasa High Court may have received little attention, but its implications may cause political ripples across the Coast region and beyond as election campaigns kick into high gear this year.
In the ruling, Justice Edward Muriithi stopped ODM’s secretary-general Anyang’ Nyong’o, national elections board chairman Philip Okundi and Coast regional commissioner Charles Welagai from forwarding the names of Mombasa county delegates for registration.
The ruling followed chaotic grassroots elections in Likoni. This means the prospect of Mombasa county delegates participating in the National Delegates Conference hangs in the balance.
However, despite the ruling ODM delegates from Mombasa county have vowed to attend.
But sources on the ODM national elections board say the party may not hold the conference until the misunderstandings are sorted out.
Kisauni MP Ali Hassan Joho said the court’s decision had been overtaken by events by the time it was issued and would not stop his team from attending the conference at which the party will discuss major issues in preparation for the General Election.
How party bigwigs handle this court order may be a gain or a loss for ODM as disgruntled elements of the party wait for their decision.
For the elected county chairman Ramadhan Seif Kajembe, the ruling only affects Likoni.
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“Our delegates are not affected by this ruling so those from my constituency, Mvita and Kisauni will be there at the national conference,” the Changamwe MP said in a telephone interview.
But the ruling not only suspends Likoni constituency delegates but also those at the county level. Likoni had four of its members in the main office, four in the youth league and five in the women’s league.
But there was a hue and cry over the way the elections were conducted. In Likoni, a petrol bomb was thrown at voters at one polling station.
Supporters of the MP, Masoud Mwahima, clashed with those of his arch-rival, former Heritage minister Suleiman Shakombo, forcing the police to intervene.
This clash was sparked by differences over the voting system. The Mwahima group pressed for mlolongo(queuing) while the Shakombo camp was for the secret ballot.
Retained leadership
The scenario was replicated in other counties like Taita Taveta, Tana River and Kilifi where the sitting MPs and party officials retained leadership roles.
After their initial complaints to the party fell on deaf ears, Mombasa politician Suleiman Shahbal went to court to challenge the legality of the county delegates list citing election irregularities in Likoni and the county at large.
Mr Shahbal is eyeing the seat of Mombasa governor. In Changamwe constituency, several members of Mr Kajembe’s family were elected as county delegates.
Mr Shakombo has told party leaders to address the issue to stem discontent among party supporters.
“What happened in Likoni was sheer hooliganism, and supporters are not happy with what they saw,” he said.
In his ruling read by Justice Francis Tuiyott, Justice Muriithi noted there was no proper basis for an order to restrain the registrar from registering the results of the grassroots elections but, in the interest of justice, it was important that the status quo be maintained pending the hearing and determination of the petition.
The judge noted that from the evidence of two voters from Likoni, the election was conducted through the mlolongo system, and there were violent disruptions.
Mr John Lenga, an aspirant for the Kilifi governor’s post, is optimistic the ruling will not jeopardise ODM’s standing in the Coast region.
“There are about one million votes at stake, and it will depend on how the torch bearers handle the volatile political scene in the six counties,” he said.
Thorough vetting
He views the court ruling positively, saying it serves as a wake-up call for the party hierarchy to address any complaints registered at Orange House after the November 24-27 party elections.
He called for thorough vetting to ensure the party gets genuine campaign managers at the county level to popularise it.
“Imposters with selfish interests have forwarded their cronies’ names to Orange House, and party leaders should act,” he said.
Although Tourism minister Najib Balala did not participate in the grassroots elections, he remains a crucial factor in ODM’s plans to gain and retain support in the region in the run-up to the General Election.
ODM leader Prime Minister Raila Odinga and secretary-general Anyang’ Nyong’o have maintained that Mr Balala is firmly in ODM.
“I have talked to the secretary-general over the Balala issue of starting a party, and he has told me categorically that the minister is part and parcel of the ODM hierarchy,” said the PM’s spokesman, Dennis Onyango.
The minister’s critics from his Mvita backyard have dismissed his plans to register a new party, saying it was just a ploy to get attention locally and nationally.
“Personal branding is so vital to propel one to places, and the only way is to form an ad hoc party as your vehicle to gain leadership positions without breaking a sweat,” said councillor Abdulhamid Abdulrahman, a former ally of the minister.
The minister faces a tough challenge ahead in his bid to set up a new party and sell himself as the political kingpin in a region where divisive politics is the order of the day.

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