Orengo denies plot to lock out Mudavadi from ODM nominations

By Athman Amran

Lands Minister James Orengo has insisted that Deputy Prime Minister Musalia Mudavadi would be locked out of ODM presidential nominations if the party constitution is not amended.

Orengo said article six of the party constitution declares that the party leader is the automatic presidential candidate.

"I just pointed out that the party constitution is superior to the nomination rules," Orengo, who is also ODM legal advisor, told The Standard on Wednesday. He said if the party nominates a presidential candidate without amending the constitution, someone may challenge it in court.

He was reacting to an article in The Standard on Wednesday where he is said to have insisted during Monday ODM National Executive Committee (NEC) meeting that the clause makes Raila the presidential candidate without contest.

Kick out Ruto

Orengo said he did not declare Raila ODM’s automatic presidential candidate. This means Mudavadi’s fate on eligibility to contest the ODM presidential nominations would be determined by the legal committee and NEC members. Any amendments to the constitution would also have to be ratified by party National Delegates Conference.

Orengo refuted claims by ODM executive officer Janet Ong’era that the clause was inserted in the constitution to knock out Eldoret North MP William Ruto from contesting party presidential nominations.

He argued the amendment was done before the party NDC meeting, which Ruto also attended.

"If this was so Ruto would not have accepted the nomination as deputy party leader," Orengo said.

But Mudavadi’s spokesperson Kibisu Kabatesi insisted that the clause was inserted illegally. He added Orengo’s assertion that the party constitution should be amended does not contradict the DPM’s position.

"The DPM has beenclear that the party constitution has to be changed in line with the Constitution, the Elections Act, and the Political Parties Act and incorporate new structures of the party," Kabatesi said.

This process began in 2010, Kabatesi said, arguing that the DPM was not only after amending the party nomination rules and the clause, but the whole party constitution.

Regional Development Minister Fred Gumo, who is ODM Rapid Response Team chairman, evaded the issue of article six of the party constitution.

"What we want is a person who can win for ODM," Gumo said after flagging off an International Women Day Walk at Uhuru Park in Nairobi.

He said there was no misunderstanding between Raila and Mudavadi.

"There is no scheme to kick out Mudavadi. We want to bring together people and ODM members will choose their leaders. Other people should not interfere with ODM affairs," Gumo said. The tug of war between supporters of the two politicians began when Mudavadi declared his intention to run for president on ODM ticket. He has been insisting that party nominations should be held at the counties, instead of the National Delegates Conference, which Raila’s supporters prefer.

Mudavadi argues that during NDC, imposters are allowed to enter and vote the predetermined candidate while genuine delegates are locked out.

"Many genuine delegates are mistreated, beaten, lose property while others fail to afford transport to get to Kasarani. This practice erodes democracy because many, especially the handicapped, miss the chance to vote for their preferred candidate," he said.

No decision

The NEC meeting o Monday failed to resolve the stand-off between teams led by Raila and Mudavadi over nomination rules crafted by the internal legal team that Mudavadi’s team says favours Raila.

The NRC meeting was pushed to March 23 when all issues regarding the nomination of ODM presidential candidate would be revisited.

Orengo said in the Constitution there is a chapter dealing with political parties, how they are operated and principles guiding political parties.

He said just as the party was dealing with the matter, the Elections Act came into force guiding parties how to carry out nominations.

The mandate of the legal team was then extended, before the Political Parties Act 2011 became law, Orengo said adding that this was in the context of efforts to comply with the Political Party’s Act.

He said the party has now the job of overhauling the party constitution to remove the clause that makes the party leader the automatic presidential nominee.

Mr Orengo also said there was no fighting within the party arguing that all that was happening was two party members seeking for the party’s presidential nomination.

"The DPM is committed to the party. There are no outside forces trying to divide the party," Orengo said.