Raila-Ruto war in ODM explodes once again

Business

By Standard Team

Wrangles in ODM have now spilled outside the party with plans by about 40 MPs to lodge a dispute against the leadership with the Political Parties Dispute Tribunal.

Leading the charge are two MPs, Adan Duale (Dujis) who is also the party’s vice chairman and Isaac Ruto (Chepalungu) whose membership the party has disowned. The two are allied to Eldoret North MP William Ruto and a group of MPs from the Rift Valley fighting PM Raila Odinga, who is the party leader. Insiders say by going to the Tribunal, the two would be attempting to fend off expulsion from the party, which would end their status as MPs and force them to seek re-election.

Mr Peter Simani chairs the tribunal. Other members are Mr Chacha Odera and Reverend Jessie Mutura.

The events signal a boiling over of long-running wrangles in ODM, and could see plenty of dirty linen aired publicly. MPs allied to William Ruto have in the past threatened to dump the party for the United Democratic Movement, but are yet to do so.

The MPs claim that they are being stopped from exercising their freedoms of association and that the party leadership is trying to apply rules in a discriminatory manner.

They plan to raise a number of issues with the Tribunal among them a complaint on the use of Sh67 million from the Political Parties Fund, saying the party has failed to set up branches at the grassroots.

They also claim by targeting them, the ODM leadership is overlooking the party’s Constitution and applying double standards in dealing with members seen to be "errant".

"We want to be told which party we have formed, its members and leadership structure," Duale said at a press conference in Nairobi.

The two said if their crime is to associate with United Democratic Movement (UDM) Prime Minister Raila Odinga should first sack UDM’s Prof Hellen Sambili (Mogotia) as minister for East African Co-operation.

"We have a right to work with affiliate parties like Peoples Democratic Party (PDP), Charity Ngilu’s Narc and Chama Cha Uzalendo (CCU). They should sack Sambili first before telling us not to support UDM," Duale said. The two added that there were MPs who supported the above parties during recent by-elections.

But ODM Chief Whip Jakoyo Midiwo and his deputy Mr Benjamin Washiali (Mumias) said there is no dispute warranting intervention by the Tribunal, insisting that Duale and Isaac Ruto have ceased to be members of ODM.

They said this was in line with the ODM constitution which states that a member by "accepting an office, subscribing to or promoting activities of a political party or organisation whose aims and objectives are in competition with or conflict with those of ODM" are deemed to have left the party. And on UDM, Midiwo said there was no legal agreement of an alliance between ODM and UDM save for Narc, PDP and CCU.

"It does not mean that if we did not take action on a previous case we would not take any action against any other case. The case of the two MPs is just the beginning," warned Midiwo.

He said they are compiling a file on other MPs, including William Ruto, for appropriate action. Midiwo said that the party is getting ready for 2012 and it would like to clean its house before it is too late

Analysts say the William Ruto-led rebels are treading a tightrope, because losing their seats due to "changed" party allegiance could see them forfeit running in a subsequent by-election, as the law says a candidate must have been a legitimate member of a party for at least three months prior to any election.

Because they are still members of ODM, they can legally not join another party without first resigning from the Orange party. This would immediately trigger the process of ODM asking the Political Parties Registrar Lucy Ndung’u to write to House Speaker Kenneth Marende, asking him to declare the seats vacant.

General elections

There is also the challenge of spending money on a by-election they have no guarantee of winning as riding on Ruto’s name would not be enough to lock out challengers, and the fact that polls are due next year.

The row has been simmering for a long time but things appeared to come to a head on Wednesday when ODM’s deputy secretary general Joseph Nkaissery wrote to the registrar of political parties, Lucy Ndung’u, telling her that Dujis MP Aden Duale and Chepalungu MP Isaac Ruto have been expelled from the party.

Nkaissery said the two were being expelled for "advocating for the formation of another political party, namely United Democratic Party" against the Political Parties Act.

Nkaissery’s letter was a hurried response to a memo from Ndung’u who had earlier refused to act on a request from ODM Chief Whip Jakoyo Midiwo that she writes to Speaker Marende that the two MPs have ceased to be members of the party.

The letter was signed by Nkaissery because the substantive ODM Secretary General Prof Anyang’ Nyong’o is out of the country seeking treatment. On Wednesday afternoon, Ndung’u threw back the ball back to ODM saying the role of expelling members rests with the party’s leadership, and must follow party procedures.

Immediately after Ndung’u addressed a press conference to state her position on the matter, Nkaissery dispatched a new letter saying "the party has in accordance with the provisions of section 17(4) (d) of the political parties act 2007 read with our party constitution, struck them off the register of party members".

But yesterday, William Ruto and several of his allies claimed Raila’s faction was pushing them into a corner and threatened a mass walkout from the party by his allies.

Isaac Ruto yesterday said Raila’s allies were using double standards, claiming Nkaissery campaigned for a PNU’s Gideon Konchellah during a repeat poll in Kilgoris in 2008, and it was ironical for him to accuse him (Ruto) of supporting UDM civic candidates belonging to UDM. Ruto campaigned for UDM’s in Sotik.

"In 2008 I campaigned for UDM candidate (Alexander Sitenei) in the Sotik by-election, Nkaissery was at the same time campaigning for PNU candidate in the neighbouring Kilgoris constituency. That is a fact," he said.

He also argued that during the recent by-election in Juja, nominated ODM MP Rachel Shebesh campaigned for the Kenya National Congress candidate, but due to selective application of the party rules, both Nkaissery and Shebesh have not been cited for illegality.

Speaking in Eldoret, William Ruto claimed Raila was a dictator and so those with divergent views from his own were threatened with suspension from the party. "We built ODM from scratch as a democratic mass party that respects freedom of speech, expression and association. But it has been turned into a dictatorial one with an idol who must be worshipped," Ruto said.

He said, "Those who do not worship the idol are either removed from the Cabinet, Parliamentary Committees or threatened with suspension and expulsion. This is unacceptable to us". Ruto was accompanied Vice President Kalonzo Musyoka who faces unflattering allegations about his political maneuvers in the latest secret US Embassy cables leaked by online whistleblower, WikiLeaks.

Kalonzo who was on his way to officiate the opening of the Eldoret Agricultural Show, used derogatory language while supporting Ruto when he said: "There are many ways of skinning a rat. After all, all the MPs who feel frustrated can go to the polls and be re-elected by the people."

Others present included Agriculture Minister Sally Kosgei, MPs Zakayo Cheruiyot, David Koech, Joshua Kuttuny and Peris Simam and Ekwe Ethuro. Kalonzo supported Ruto saying when people are pushed to the wall, they is always a way out. Yesterday, The Standard established MPs allied to Ruto held a series of meetings in the last three weeks.

The MPs have been holding a series of meetings in the last three weeks with their lawyers in Nairobi.

Asistant minister William Cheptumo said: "If those seeking the Presidency are pushing for expulsion of members they disagree with, what would happen when they are leading the country and they disagree with Kenyans, will they expel them out of the country?"

Kuresoi MP Zakayo Cheruiyot, Benjamin Langat (Ainamoi) and Isaac Ruto (Chepalungu) confirmed the move in separate interviews with The Standard on Thursday.

- Reporting by Athman Amran, Vitalis Kimutai and Vincent Bartoo

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