By PETER LEFTIE pmutibo@ke.nationmedia.com
Posted Tuesday, March 6 2012 at 20:08
Posted Tuesday, March 6 2012 at 20:08
Deputy Prime Minister Musalia Mudavadi’s challenge for the ODM presidential nomination could be halted by a clause in the party constitution that could hand the party leader Raila Odinga automatic ticket.
Party members, who attended Monday’s National Executive Committee meeting at Orange House, told the Nation on Tuesday that Lands Minister James Orengo brought the attention of those present to the clause.
Mr Mudavadi has been pushing for a change in the nomination rules so that the presidential candidate is picked by delegates at the county level instead of the National Delegates Conference (NDC) currently provided for.
“Mr Orengo reminded the meeting that the ODM constitution clearly stipulated that the party leader shall be the party’s presidential candidate at the next presidential election,” a participant told the Nation.
“Since Raila was elected the party leader in 2008, his five-year term lapses in 2013,” he said.
Mr Orengo was supported by party secretary-general Anyang’ Nyong’o, who said it was only the NDC that could change the clause. (READ: Meeting fails to resolve Raila-Mudavadi row on nomination)
The Lands Minister pointed out that the constitution would have to be amended so that “we open the window for other contenders”.
However, members of the legal team, including Mr Tom Kajwang’, former MP Joseph Kiangoi, Mr Mweresa Eboso and the party executive officer Janet Ong’era argued that the contentious clause could be changed by other party organs and not necessarily the NDC.
They argued that the National Governing Council could amend the party constitution as long as change was ratified by the delegates conference.
The legal team explained that the clause was adopted at the height of the rebellion in the party led by the Eldoret North MP William in 2009.
Members of a special legal team picked to review ODM election rules told the National Executive Committee meeting that the clause was mooted to bar Mr Ruto from challenging Mr Odinga for the ODM leadership.
It was to insulate the party from the threat of an internal coup amid fears that President Kibaki’s wing of the coalition government had infiltrated ODM and wanted to engineer a motion of no confidence against the PM in Parliament.
The team argued that the clause should therefore not be used to block Mr Mudavadi or any other presidential aspirants from challenging Mr Odinga for the ticket.
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