ODM Secretary General Prof Anyang' Nyong'o ((right) hands over the ODM party registration documents to the Registrar of Political Parties Lucy Ndung'u (left) April 10, 2012 at Anniversary Towers, Nairobi. The party informed Ms Ndung'u of its intention to amend nomination rules. JENNIFER MUIRURI
By DAVE OPIYO dopiyo@ke.nationmedia.com AND PETER LEFTIE pmutibo@ke.nationmedia.com
Posted Tuesday, April 10 2012 at 22:30
Posted Tuesday, April 10 2012 at 22:30
IN SUMMARY
- Secretary-general Anyang’ Nyong’o gives notice that the party will amend its constitution to allow other members to challenge Raila for presidential ticket, but fears persist that it’s a political ruse.
Top officials of the Orange Democratic Party on Tuesday formally applied for registration amid a tussle over election rules.
Chairman Henry Kosgey, who Orange House had earlier said was to be among the leaders at the function, was absent.
Members of Parliament allied to Deputy Prime Minister Musalia Mudavadi, who had at the weekend threatened to stay away, made good their threat. Leaders are not required to attend the presentation of papers to the Registrar of Political Parties, but many see it as an opportunity to show party unity.
The Mudavadi camp, led by Shinyalu MP Kizito Mugalia, had at the weekend protested presentation of the party constitution which has a clause giving party leader Raila Odinga the automatic presidential ticket in the General Election.
Last week, the ODM National Executive Committee agreed to rewrite the rules to allow Mr Mudavadi to challenge Mr Odinga.
There is no time
But whereas the Mudavadi faction wants the rules amended by the National Governing Council and the National Delegates Conference, the Odinga-leaning officials argue that there is no time for that and that the old rules should be filed for purposes of beating the April 30 deadline and amended later.
On Tuesday, the team of leaders was led by secretary-general Prof Anyang’ Nyong’o, national vice-chairman Ramadhan Kajembe, acting treasurer Dalmas Otieno and executive officer Janet Ong’era.
Others were MPs Ababu Namwamba, Magerer Lang’at, Millie Odhiambo and Rachael Shebesh, who are all believed to be supporting Mr Odinga.
But speaking at the function, Prof Nyong’o sought to allay fears in the Mudavadi camp by giving the Registrar notice of the party’s intention to amend its constitution to change nomination rules.
Prof Nyong’o explained that once the proposed amendments are agreed upon, they will be submitted to the National Governing Council and the National Delegates Conference for formal ratification.
“Thereafter, the ratified instruments shall be communicated to your office,” he told the Registrar, Ms Lucy Ndung’u.
“Thereafter, the ratified instruments shall be communicated to your office,” he told the Registrar, Ms Lucy Ndung’u.
“Kindly let us have your certificate of full registration and your approval so that we can proceed to amend the constitution as proposed,” he added.
But a source close to Mr Mudavadi, who did not want to be named because he was not cleared to speak on behalf of the group, expressed fears that the Local Government minister was being “duped”.
He described Prof Nyong’o’s notice as a “public relations exercise” which is not legally binding. A review of the constitution is not a mere amendment of the contentious clause alone, but an overhaul to ensure it conforms with the Political Parties Act, he added.
Last week’s NEC meeting had resolved that the clause will be removed to allow party members interested in vying for the presidential ticket to do so.
It also agreed on the rules to govern the nomination of the party’s presidential candidate and candidates for the governor’s post.
The party’s Legal Affairs Committee was tasked to work through the Easter weekend on the amendments.
Mr Kizito, who was flanked by the party youth leader in Kakamega Alex Khamasi, and Khwisero parliamentary aspirant Joel Indakwa, claimed the move to submit the old constitution to the Registrar was a scheme to tame Mr Mudavadi.
“As the party leader, Prime Minister Raila Odinga must intervene and have the registration done only after the proposed amendments are fully entrenched in the constitution and we have said before it is possible to do it and still beat the registration deadline without any problem,” said Mr Kizito.
“We are sure by registering it under the old constitution, nobody will be allowed to challenge the PM for the party presidential ticket,” said Mr Indakwa.
But speaking in Garissa when he met ODM delegates from the county, the PM said the party had to authenticate party membership countrywide before applying for registration.
“To make any changes to our constitution, they have to go through the National Executive Committee, the Governing Council and the Special Delegates Conference before they are implemented,” said Mr Odinga.
According to the Political Parties Act, any party intending to amend its constitution must notify the registrar of its intention. The Registrar shall within 14 days publish the notice in at least two local dailies to enable the public make any representations on the proposed changes.
“Upon the expiry of 30 days from the date of publication of the notice in subsection (1), the political party may, after taking into account any representations received from the public under subsection (1) and (2), effect the change or alteration in accordance with its constitution and rules,” the law states.
The changes are being effected as parties rush to beat the April 30 deadline to comply with the Political Parties Act, which requires them to deposit their constitutions with the registrar.
Prof Nyong’o said the party had already registered more than 1,000 members in 35 of the 47 counties. The registration of members in the remaining 12 counties will be completed before the end of the month.
The party has also opened more than 30 new county offices. (READ:Mudavadi demands delegates meeting to change party rules)
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