Why Mudavadi is uneasy with Raila

By Biketi Kikechi

Deputy Prime Minister Musalia Mudavadi is unhappy with his party leader Raila Odinga because he believes he is about to unfairly get automatic presidential ticket as he himself is locked out.

His concern arises from the fact that during Monday Orange Democratic Movement National Executive Committee meeting Lands Minister James Orengo spilt the beans by pointing out a clause that he argued makes Raila the presidential candidate without contest.

What was even more startling to the Mudavadi team in the talks was the revelation by ODM executive officer Janet Ongfera during the heated exchange that the clause in question was inserted in the constitution as an anti-William Ruto strategy.

Ongfera, a source in the meeting reveals, told the meeting as Mudavadifs side protested leading to the stalemate on proposed election rules, the clause has not been ratified and was sneaked in when it became obvious Ruto wanted to topple Raila at the helm of ODM.

What incensed Mudavadifs side even more, as expressed in the sentiments raised by lawyer Mweresa Eboso at the Monday meeting, was the fact that the clause has neither been discussed nor ratified by the National Delegates Conference.

"Mudavadi is unhappy with the PM. He believes he is being set up for humiliation, and worse still, that a clause which was to be used against Ruto when he fell out with Raila is now being turned against him,ff revealed a high-placed source familiar with the intensifying rivalry between the two leaders.

The clause in question, whose existence has not been secret, but which the Mudavadi side expected would be removed because it was just placed there to block Ruto when he looked like he was going to topple Raila in 2008, decrees that the party leader shall be the presidential candidate.

The clause in question is Article Six of the ODM constitution, and was sneaked in shortly before the party held its NDC in Bomas in 2008, at Bomas of Kenya.

Orengo reportedly shot up and cited this Article, which declares that the party leader should be the automatic presidential nominee.

Sources told The Standard that Eboso who is also a member of the legal team that drew the proposals on new election rules, challenged Orengofs position and told the meeting that the party leader could only become the automatic presidential candidate under the old constitution.

"Eboso argued that the clause meant that party leader can be presidential candidate, but one can also become party leader because he or she is elected presidential candidate or nominee," said an MP in explaining the conflicting meanings of the clause.

Ebosofs argument was that under the current constitution the ideal position contradicted what Orengo was proposing to the NEC meeting.

It was at that point that Ongfera stood and explained to the meeting how that particular clause found its way into the ODM constitution.

"She indicated that it was sneaked into the constitution to stop Ruto from challenging the Prime Minister after the Eldoret North MP indicated he was going to take on Raila for the party leadership," said an MP who sat in the meeting.

Incidentally, Railafs supporters view Mudavadifs change of tune in ODM, especially his determination and outspokenness as something fanned by the Ruto-Uhuru Kenyatta axis in G7 Alliance.

They claim they are aware the two have told Mudavadi he could be their compromise candidate in case they do not run because of The Hague charges preferred against them.

During the 2008 NDC at Bomas, Ruto who was perceived to be unhappy at having missed out on DPMfs post was instead appeased with the position of joint deputy party leader alongside Mudavadi, while Raila remained party leader.

During the NEC meeting on Monday, the group siding with Mudavadi argued that the party constitution under which elections were recently held had not been ratified.

On Tuesday, ODM MPs allied to Mudavadi said it was shocking that clauses, which were being used to stop him, were introduced with ulterior motives.

During the NEC meeting most members allied to the Prime Minister rooted for universal suffrage in deciding party presidential and senate nominees.

Sources said Turkana South MP Josephat Nanok spoke at length and insisted that universal suffrage be used to pick all nominees who will appear on the election ballot.

Starehe MP Margaret Wanjiru also supported the system, but Raila and Mudavadi said they were against universal suffrage.

Regional Development Minister Fred Gumo who is also the Westlands MP and the chairman of ODM Rapid Response Team spoke against universal voting.

Gumo and Heritage Minister William ole Ntimama said the decision should not be made in a hurry because of the implications it would have for the party.

During the meeting, the controversial proposals of the nominees being picked by either NDC or county delegates were not discussed.

"The pros and cons of the NDC and county delegates were not discussed because the NEC was responding to proposals that were brought by the legal committee,ff explained another source.

During the meeting, NEC resolved that Parliament will support the County Government Bill, which President Kibaki refused to assent to, and returned to the House last month saying it was against the Constitutionfs separation of roles between county and national governments.

When agenda four on the nomination rules was introduced NEC members initially agreed that nominees to the National Assembly and County Assembly be picked through universal suffrage.

The mood, however, quickly changed when it was proposed that the same system be used to pick nominees for presidential and senate tickets.

"This is when Orengo, who is not a NEC member, stood and claimed the constitution allows the party leader to run as presidential candidate," said a member of the legal team.

During the meeting, an MP is said to have asked: "How do you change the nomination rules without overhauling the current constitution?"

The legal committee report on election and nomination rules was presented by lawyer Tom Kajwangf who is Immigration Minister Otieno Kajwangfs brother, as well as former MP Joseph Kiangoi and Eboso, who are also lawyers.

Other members of the committee are Ongera, Railafs advisor on legal affairs Paul Mwangi, and a Mrs Pareno.

On Tuesday lawyer Mugambi Imanyara, who is a member of the team, clarified he did not boycott the meeting as reported by The Standard. He said he was still the Meru branch ODM chairman. Speculation was rife that he had stayed out because Mr Apuri Mpuri had been designated the branch chairman, instead of him.

The legal committee had offered three options for nomination of its candidate: National Electoral College, County Electoral College, and universal suffrage.

The committee has also recommended payment of nomination fees, raising that of presidential aspirants to Sh4 million, and Sh300, 000 for those seeking governor and senate seats, while aspirants for National Assembly may pay Sh200, 000.

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