Prime Minister Raila Odinga’s ODM party now wants the Supreme Court to rule whether ministers and MPs can vie for party positions. The party said yesterday it had referred a case filed by ODM voters in the High Court to the Supreme Court even as it announced fresh election dates.
In June the party called off for the fifth time the much anticipated elections after four of its members went to court seeking to bar state officers from contesting. The four, Japheth Kiio, Julius Gaya, Vincent Ouma and Jeremiah Ambassa cited Article 77 (2) of the constitution that states that "any appointed state officer shall not hold office in a political party".
Yesterday the party said that it had resolved to refer the matter to the superior court as it is mandated to interpret the constitution. “How do you leave a political party in the hands of non-politicians? Of course the work of the Supreme Court is to interpret legalese for a commoner to understand,” Paul Mbatia, National Elections Board (NEB) member said.
Another NEB member Charles Welangai said the party was waiting for the Justice Willy Mutunga-led court to make an interpretation on the matter. “Right now the party says MPs and ministers cannot contest in the forthcoming grassroots elections. We will wait for the Supreme Court to rule,” he said.
Earlier NEB chairman The Kenya police band plays the National anthem during the unveiling of a commemorative plaque for the late minister Tom Mboya. had refused to state if ODM was allowing MPs and ministers to contest saying the law will be followed. “ODM will observe the laws of the land,” Onkundi told journalists at Orange House when asked to clarify if state officers will contest in the polls.
Yesterday Onkundi announced that the elections will finally take place as from November 24 to 27 across the country, save for Nairobi and Nyamira counties. Due to the Kitutu Masaba by-election, ODM will conduct its polls in Nyamira county as from December 2 to 5. The elections will take place in the sub-location, location/ward, sub-branch (constituency) and branch (county).
NEB directed branches to submit lists of members to the national secretariat for scrutiny and vetting and promised to have a free and fair exercise. “The board will be very strict in discharging its electoral mandate to ensure that democracy prevails in the election process and only loyal and committed members of the party will participate,” Onkundi said.
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