Court halts ODM party elections

Photo/FILE Party secretary general Anyang’ Nyong’o (left) said he had not been served with the court orders.

By PAUL OGEMBA pogemba@ke.nationmedia.com
Posted  Wednesday, June 29 2011 at 20:40

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The High Court has stopped the Orange Democratic Movement (ODM) party elections scheduled to start on Friday.

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Lady Justice Jeanne Gacheche issued the orders after four members of the party filed an application under certificate of urgency seeking to bar politicians and State officers from contesting or holding any party position pending the hearing and determination of the petition.

However, ODM maintained the elections would go on as scheduled. Party secretary general Anyang’ Nyong’o said he had not been served with the court orders.

The elections, he said, would be conducted all over the country starting Friday to Tuesday, July 5.

The orders restrained the registrar of political parties from accepting returns of elections from any political party or registering their party officials unless the elections are in compliance with the provisions of Article 77 (2) of the Constitution and section 15 of the Political Parties Act.

Justice Gacheche also ordered the petitioners to deposit Sh1.5 million within three days as security that in the event they lose the application, the money will be used to compensate ODM for the preparations they had done for the elections.

Mr Japheth Kiio, Mr Julius Gaya, Mr Vincent Ouma and Mr Jeremiah Ambassa argued in their petition that Article 77 (2) of the Constitution imposes a restriction on the activities of State officers by stating that “any appointed State officer shall not hold office in a political party.”

They cited Article 260 which defines State officers to include the offices of the President, deputy president, members of Parliament, members of county assembly, cabinet secretaries or an office established and designed as a State office by national legislation.

They said the registrar of political parties, the Commission on the Implementation of the Constitution and the Attorney General have been giving contradictory interpretation of Article 77 (2) of the Constitution which threatened to lead to serious breach of the Constitution.