CORD in dilemma over Moses Wetang’ula candidacy ahead of ODM meeting

CORD leaders Raila Odinga and Kalonzo Musyoka at Tala market Wednesday where they campaigned for Mutinda Mule, the Wiper candidate for the upcoming Matungulu Constituency by-election Wednesday. [PHOTO: DENNIS KAVISU/STANDARD]

By GEOFFREY MOSOKU

KENYA: Main Opposition party CORD has gone into a flurry of meetings after the High Court nullified the election to Parliament of its only co-principal, Moses Wetang’ula.

This comes amid brewing controversy over Wetang’ula’s eligibility to defend the seat. The Standard learnt that CORD affiliate parties namely ODM, Wiper and Ford Kenya are working out strategies to ensure Wetang’ula recaptures his Bungoma Senate seat.

On Wednesday, opposition MPs held an informal meeting at Parliament Buildings to review the impact of the ruling that now leaves the entire top leadership of CORD out of Parliament.

At Orange House, former Prime Minister and CORD co-principal Raila Odinga chaired a meeting that brought together delegates from Nairobi County, whose agenda included a review of election petition rulings against the coalition’s candidates.

On Friday, Raila will chair a meeting of ODM’s top decision-making organ, the National Governing Council (NGC) at the Bomas of Kenya, where Wetang’ula’s case is expected to feature.

ODM has invited all county branch chairpersons, senators, governors, MPs, Orange Women Democrats League’s national office bearers and Orange Young Democrats League’s national leaders.

“Notice is hereby given that the ODM National Governing Council shall be held on the 4th of October, 2013, following the National Executive Committee (NEC) resolution of 20th August 2013,” an invite sent yesterday read in part.

Wiper and Ford Kenya are also set to hold similar meetings next week, ahead of the October 17 Kibwezi and Matungulu parliamentary by-elections, and the Bungoma Senate vacancy.

Former Vice-President and CORD co-principal Kalonzo Musyoka and Wetang’ula are the respective party leaders. Raila and Kalonzo were locked out of Parliament after their unsuccessful presidential bid in the March 4 General Election.

The verdict that stripped Wetang’ula of his Senate seat is further seen as a poisoned chalice because the judge cited him for bribery of voters, among other electoral malpractices.

Integrity

Under electoral laws, voter bribery is grounds for disqualification of a candidate. Some have said it could be argued that he does not meet Chapter Six of the Constitution on leadership and integrity. Therefore, his nomination may be challenged.

Kakamega Senator Bonny Khalwale pointed to the risk as he urged Wetang’ula to move to the Court of Appeal to clear his name against the bribery claims. Khalwale said any voter could move to court on the basis of the judgment to have him barred from running.

This danger is viewed as among the reasons that informed the sudden turnaround to appeal the decision. Raila had said CORD would not appeal the verdict, which he claimed was influenced, but would make its case in public in the subsequent by-election. But Wetang’ula has since filed a notice to appeal the judgment.

A top official of the Independent Electoral and Boundaries Commission (IEBC) suggested that is a long and tedious route to have him locked out. The IEBC and its returning officer were respondents, alongside Wetang’ula, in the petition brought by Musikari Kombo. The judge also censured the commission.

The official said Wetang’ula is yet to be convicted by any court.

“And even if he is convicted of an electoral offence, he can only be barred in the event that he has exhausted all avenues of appeal in accordance with the Constitution,” added the IEBC official.

The official cited the High Court ruling that cleared Uhuru Kenyatta and William Ruto to vie for the presidency ahead of the March 4 presidential vote at a time when they were facing criminal charges at the ICC.

Lawyer Ken Nyaundi said although the High Court did not convict Wetang’ula for any electoral offence, the ruling could open room for criminal prosecution.

Nyaundi, a former electoral body commissioner, says that either the Director of Public Prosecutions can prosecute him or, under the new Constitution, any member of the public can commence private prosecution but this cannot be used to bar him from contesting.

“Unfortunately, until he has been convicted and exhausted the appeal remedy, you cannot use it to bar him from contesting,” Nyaundi argues.

CORD has claimed the Judiciary has targeted its members, claiming Jubilee legislators have survived petitions. However, a majority of the petitions were filed against CORD members.

Apart from Wetang’ula, who was the Senate Minority Leader, former Siaya Governor Cornel Rasanga (ODM), Lunga Lunga’s Khatib Mwashetani (ODM) and ex-Matungulu MP Stephen Mule (Wiper) have lost their seats. In Kibwezi East, a High Court recount found that Kalembe Ndile (TIP) had won, but the loser was declared winner, and the constituency is now awaiting a by-election on October 17.

But in Bonchari, Kanu’s Oroo Oyioka was declared the winner and ex-MP Zebedeo Opore (Ford People) sacked by the High Court. Wednesday, Raila thanked the delegates whom he described as true champions of democracy and ardent supporters of the party. He said he would work towards uniting CORD affiliate parties to ensure that they remain steadfast and united ahead of the next polls.