By Standard Team
Prime Minister Raila Odinga maintained there was no scheme to deny his deputy Musalia Mudavadi a fair shot at ODM’s presidential nomination on a day the war of words between their aides intensified.
Raila said Mudavadi is still firmly in ODM and would participate in the presidential nominations. The PM declared nobody in ODM would get an automatic presidential ticket, adding the party would conduct nominations similar to what it did in 2007.
"I do not need automatic nomination as ODM presidential candidate. I welcomecompetition for the ticket," Raila said. The PM dismissed reports that Mudavadi was on his way out of ODM following differences over nomination for the presidential ticket. He spoke during the burial of Maria Sidi, 86, mother to Bahari MP Ben Gunda at Kizingo in Kilifi County, Friday.
"Mudavadi is just playing ball inside ODM. He is going to compete for the party presidential party ticket with me and I will back him if he wins," he said.
But even as the ODM leader maintained all was well, party Secretary General Anyang’ Nyong’o clashed with Mudavadi’s communications director Kibisu Kabatesi over the failure to amend the clause in the party’s constitution decreeing the party leader is the automatic presidential nominee.
It began with a statement sent to newsrooms by Nyong’o and the Raila secretariat that apparently seemed to calm the hard-line position taken by Mudavadi over the submission of the party’s constitution to the Registrar of Political Parties.
Nyong’o said it was only the National Delegates Conference (NDC) that had the powers to change the constitution and the earliest it could be done is next month.
He said the ODM constitution gives the procedure of amending any of its provision, adding that even if the party had sent out notice to hold an NDC, it would have taken a month, which would have seen the party deregistered.
"So, even assuming a notice was sent by April 10, it would take up to next month to get it right with the constitution. Where then would there be the opportunity to comply with registration requirements if the party were to wait till May? One wonders how some members entertained the idea that the party could competently make amendments to its constitution without complying with Sections 20 and 51 of the Act," said Nyong’o.
However, in a rejoinder ,Mudavadi’s camp termed as unfounded and unconvincing the reasons advanced by Nyong’o.
Kabatesi claimed the public has consistently been misled that what ODM did on Tuesday when officials presented registration application forms was merely to "file returns".
"To the contrary, on Tuesday, full registration was hurriedly applied for under the un-amended Constitution, in contempt of the NEC resolution. The legal net effect is that the party’s presidential ticket has been secured for the Party Leader," said Mudavadi’s aide.
He argued the Political Parties’ Act was clear under what circumstances registration was sought and the strict requirement for a notice did not apply at the time.
Kabatesi explained even then the party had sufficient time to hold the NDC had a notice been issued on April 4 after the NEC meeting that unanimously resolved the party Constitution be amended immediately.
He said instead Nyong’o presented the constitution with the clause which NEC had resolved be removed. To date no notice has been issued.
" It is therefore misleading to the public that the party was constrained to urgently issue notice under Section 20. Such notice was not necessary. It will be necessary only after the party is issued with a certificate of full registration," said Kabatesi.
The Mudavadi camp termed as preposterous the Raila for President Secretariat statement accusing Mudavadi of threats and intimidation.
The DPM’s allies claimed the accusations by the secretariat proved to Kenyans their "ownership of a defamatory document in circulation by groups of youths who are traversing the countryside and administering this controverted and defamatory script against the DPM."
Earlier Nyong’o had said: "All efforts by those hell bent on destroying the party will be thwarted. As ODM, we know who our real enemies are and they are outside the party". Nyong’o said ODM held its National Executive Committee (NEC) on April 4, and after deliberations, it was resolved the party would prioritise its compliance with Political Party’s Act, which requires parties to comply by end of April.
He said while acting on the NEC resolution, ODM gave the Registrar notice of intention, as required by Section 20 (1) of the Political Parties Act, to amend its constitution, which says the party leader is the automatic presidential candidate.
"The party wishes to put the record straight regarding statements issued to the press following the submission of our constitution to the Registrar," he said.
By Patrick Beja, Joseph Masha, Isaiah Lucheli and Beauttah Omanga
