ODM puts off grassroots poll

SHARE BOOKMARKPRINTEMAILRATING

Orange Democratic Movement (ODM) deputy leader Musalia Mudavadi said June 30, 2011 that the party has postponed its grassroots party elections scheduled to begin Friday. FILE

By ASHLEY LIME alime@ke.nationmedia.com
Posted  Thursday, June 30 2011 at 15:03

Share This Story

53Share

The Orange Democratic Movement (ODM) has postponed its grassroots party elections scheduled to begin Friday.

This follows orders issued by the High Court on Wednesday stopping the entire process after four of its members filed an application to block State officers and politicians from contesting for party positions.

It is the fourth time the Orange party has put off the polls.

Speaking at the Orange House Thursday, deputy party leader Musalia Mudavadi said that though the party had learnt of the court’s move through the media, it would suspend its elections pending the court’s decision.

“ODM shall suspend the scheduled grassroots elections until the case is fully determined in compliance with the court order.

“This is despite the fact that the party learnt through the media that the High Court issued an order yesterday (on Wednesday) prohibiting it from conducting grassroots party elections that were planned this week,” said Mr Mudavadi.

The orders, issued by Lady Justice Jeanne Gacheche, barred the registrar of political parties from accepting results of elections from any political party or registering their party officials unless the elections conformed to Article 77 (2) of the Constitution and section 15 of the Political Parties Act.

Mr Mudavadi accused the court of issuing orders without consulting all involved parties and entertaining last-minute petitions against matters that have cost the party “huge amounts of money".

“It is unfortunate that the order preventing our long overdue elections was issued ex-parte without giving the party an opportunity to be heard.

“We have noticed this worrying trend whereby the courts have entertained last minute applications without due regard to the cost or inconvenience to those adversely affected,” said Mr Mudavadi, citing the suspension of the Kamukunji by-elections as another example.

He further added that the four who filed an application to the High Court, two of whom he said according to media reports were members of the party, should have addressed their issues through normal party channels and structures as provided for by the Political Parties Act and the ODM constitution rather than institute legal proceedings without the party’s knowledge.

The four who filed the petition include Mr Japheth Kiio, Mr Julius Gaya, Mr Vincent Ouma and Mr Jeremiah Ambassa who cited Article 77 (2) of the Constitution that  states that “any appointed State Officer shall not hold office in a political party.”

ODM Secretary General Anyang’ Nyong’o called upon the court to issue a clear interpretation according to the Constitution on who should contest or hold different positions in political parties, adding that learnt of the High Court’s move while out of the country.

“The court should come out clearly and interpret the uncertainties that we are currently experiencing; who should or shouldn’t hold a political party position.

“Interpretation can be problematic. The Cabinet secretary is a State officer but we are ministers. Are we also State officers?” Mr Nyong’o said.

Article 260 of the Constitution states that State officers include offices of the President, vice president, MPs, members of county assembly, cabinet secretaries or an office established and designed as a State office by national legislation.

ODM leaders asked the Judiciary to expedite the proceedings on the party’s election issues so that elections can be conducted without further delay.

Returning officers were also asked to surrender all election documents and materials to the ODM National Elections Board.