By Vitalis Kimutai and Roselyn Obala

It is not clear if Deputy Prime Minister Musalia Mudavadi is contemplating leaving the Orange Party, or is preparing for a showdown with Raila Odinga, but he dropped a hint something is in the offing.

"Mudavadi wishes to appeal to ODM members and Kenyans that he is making a considered

Deputy Prime Minister Musalia Mudavadi [Photo: File/Standard]

assessment of the situation and will soon issue a comprehensive statement on the matter,’’ ran the telling statement from the DPM’s press secretary Kibisu Kabatesi.

The statement was grounded on the fact that Mudavadi, too, had taken note of the frustrations in the party that climaxed in the Tuesday presentation of ODM documents for registration before the amendment of the clause guaranteeing the party leader automatic presidential ticket.

Two words stood out in his statement on the state of affairs in ODM, where he is fighting for the nomination ticket with Raila: "Uncertainty" and "apprehension" over the future of the Orange party.

ODM Secretary General Anyang’ Nyong’o filed the papers, which he said had been signed by chairman Henry Kosgey against Mudavadi’s call for the amendments of nomination rules first.

Skipped meeting

In doing so Prof Nyong’o simultaneously put out notice of amendments he told the Registrar of Political Parties would follow, but he did not give a timeframe.

"We intend to amend Article 6.2.1 of the constitution on election and nomination rules. The proposals shall be submitted to the National Governing Council and National Delegates Convention for ratification," Nyong’o said on Tuesday.

But what appeared to worry the Mudavadi side more was the fact that the PM’s side skipped the meeting of a key legal committee drafting the proposed changes, crippling it by causing lack of quorum.

Only three members of the committee sympathetic to Mudavadi turned up for the meeting at Orange House, Nairobi, on Tuesday, the same day Nyong’o filed the papers.

In his statement Mudavadi appeared to paint the picture there was turmoil and anxiety in the party. He used his statement to assure his supporters that he appreciated their feelings and sense of frustration.

Mode of nominating

"Most of the appeals (to him) suggest that members and officials of ODM feel their desires and wishes for democratic processes within the party have been betrayed by failure to amend the contentious clause and other clauses in the ODM constitution to allow for fair competition,’’ said Mudavadi.

But as Mudavadi spoke, Raila who was out campaigning in Wajir, pleaded with ODM delegates to remain united ahead of party presidential nomination.

The PM said the unity of the party would remain despite "difference of opinion on the mode of nominating the presidential candidate".

The PM took a swipe at the G7 Alliance led by his rivals – Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto – terming it a tribal grouping, which is bound to fail.

"ODM, unlike the so-called Gema and Kamatusa alliances, is for the unity of all Kenyans. The party has strong policies that would benefit everyone," he said.

"Kenyans and the media have inundated Hon Musalia Mudavadi with requests to state his position or offer direction on the matter," was the opening line in Kabatesi’s statement.

The statement anchored Mudavadi’s declaration that he was weighing the issues at hand, and would soon share his conclusions with Kenyans.

Mudavadi made it obvious most of the appeals to him suggest ODM members and officials "feel their desires and wishes for democratic processes within the party have been betrayed by failure to amend the contentious clause."

Mudavadi’s ally, Charles Welangai, also got into the raging debate, with demands NEC convenes to discuss failure by the party to implement its earlier resolutions, including the amendments to party rules for which the legal committee was set up.

"How is it possible that such a small organ of the party like the legal committee can disregard a supreme organ like the NEC?" asked Welangai.

He said the only plausible reason was that the top party leadership does not want competitive nominations.

He claimed the party should have made it clear the ticket was the preserve of one individual instead of letting Mudavadi waste his time and resources visiting all the 47 counties to woo delegates. "This kind of arrogance and dictatorship only hurts the party, but we will be putting our case to the NEC, which is to meet this week as agreed last week," said Welangai.

Decision-making organ

ODM Parliamentary Secretary Ababu Namwamba urged MPs allied to Mudavadi to stop creating a crisis where there was none, arguing that the earliest the changes, which have to be ratified by the party’s highest decision-making organ, can be effected is two months.

"Constitution amendments can not be undertaken in two days. There are procedures, according to the Political Parties Act and party constitution," he said.

Mudavadi’s ally, Shinyalu MP Justus Kizito declared Mudavadi’s supporters read a sinister motive in the way the lodging of registration papers was rushed.

"They have sensed defeat. I don’t understand why they rushed to seek registration using the old constitution without effecting any amendments," he told The Standard on phone.

On Mudavadi before his statement came out, Namwamba had this to say: "He has acted as a gentleman by failing to come out and express himself over the matter."

Bad faith

He also warned Mudavadi against making any quick move as a result of pressure from his supporters. "Any move could create or break him. He might lose or gain depending on his decisions," he argued.

Kizito reiterated that they feel there were members who were against amendments and were dictatorial. "The anti-reformists are out to frustrate any efforts to make changes in the constitution and we feel it is in bad faith," he explained.

Kizito claimed ODM leaders were using delaying tactics to lock out Mudavadi. "We will listen to the wishes of our supporters. It is too early to speculate, but we will go by the voices of our people," warned Kizito.

"This is the old constitution of 2008, and we believe Prof Nyong’o will stick to his promise and provide an equal playing field for the presidential aspirants," Vihiga legislator Yusuf Chanzu said.