Why Mudavadi may no longer be at ease in ODM

Business

By ALLAN KISIA and VITALIS KIMUTAI

Going by the latest developments, the storm in Orange Democratic Movement Party, stirred by intense rivalry between Prime minister Raila Odinga and his deputy Musalia Mudavadi, may not calm down soon.

What could aggravate the situation this week is the plan by ODM officials present the party’s application forms for registration to the Registrar of Political Parties tomorrow despite demands by Mudavadi and his team that this process be delayed until nomination rules are changed.

From left: ODM Secretary General Anyang’ Nyong’o, Deputy Prime Minister Musalia Mudavadi and Prime Minister Raila Odinga during the ODM National Executive Council meeting last week. [PHOTO: FILE/STANDARD]

Mudavadi who is Raila’s deputy both in the Grand Coalition Cabinet and the party expected ODM would first remove the clause guaranteeing the Party Leader automatic nomination for presidential race before the instrument is deposited with the Registrar.

What will even be more unsettling for the Mudavadi team is the fact that the decision to go to the Registrar was taken despite failure by the party’s legal team chaired by lawyer Mugambi Imanyara to meet over Easter weekend as had been directed by the National Executive Council (NEC) chaired by Raila last Wednesday.

Worse still for Mudavadi is the fear that because of disagreements over the current constitution and claims of bad timelines, the officials would lodge the old constitution with the Registrar.

But nonetheless, on Sunday ODM Secretary General Prof Anyang’ Nyong’o circulated phone messages asking party officials to accompany him and the chairman Mr Henry Kosgey to present registration papers tomorrow. "We shall depart from Orange House to the Registrar’s office at 11am," said the message sent on his behalf by ODM Executive Director Ms Janet Ong’era.

Nyong’o had used his column in the Standard on Sunday to invite media houses to the event.

Nomination rules

Mudavadi has repeatedly demanded that nomination rules in ODM constitution be changed to guarantee a free and fair presidential nomination contest.

The party has said it does not have time to convene a National Delegates Conference, like was the case in 2007, to effect the changes demanded by Mudavadi and his allies.

Mudavadi’s spokesman Mr Kibisu Kabatesi argued Nyong’o could try and justify the decision but the end result is this would not help foster unity in the party. "The intransigence over the party constitution amendments and filing of the old constitution can only be interpreted by Mudavadi’s supporters as forceful eviction," warned Kabatesi.

He added: "Entitlement syndrome is the driving force in this headlong tumble into the abyss."

Earlier in the day, a member of the ODM’s legal team Mr Mweresa Eboso told The Standard that the team had not met to review NEC proposals. "I don’t think these guys are serious," said Eboso who blamed the secretariat for failing to facilitate the meeting.

Before breaking for Easter holiday, Mudavadi cautioned ODM members against assuming only they were capable of electing the next president without support of other Kenyans.

"The candidate we choose must appeal to all Kenyans because ODM members are not the only voters. We nominate not to satisfy ourselves but also the rest of the Kenyans who will determine the presidential win," he said when he addressed Kisumu County delegates.

Reality

He said party members must be alive to the reality of the changed political landscape since 2007 when deciding on the best candidates for the party at all levels.

"The political landscape has altered significantly since 2007. To win we must adjust to fit into prevailing circumstances. Let us become alive to the reality of changed political landscape," said Mudavadi. Allies of Mudavadi, who is seeking the party’s ticket, are also disappointed.

Shinyalu MP Justus Kizito, advised caution should be exercised to avoid a fallout in the party. "We are avoiding a split in ODM but it seems that is what they want because they are frustrating us day by day," stated Kizito.

He accused Raila and ODM officials of not being serious with the nomination process. "I suspect Raila’s allies are playing games. I believe they don’t have the goodwill to see a free and fair nomination," he added.

Hamisi MP George Khaniri said he hoped failure by the legal team to meet was due to unavoidable circumstances. "I hope they are not playing games with us. If it is sabotage, then that amounts to killing the party," the Information Assistant minister said.

Vihiga MP Yusuf Chanzu said resolutions from the NEC should be implemented, as they would make the process all-inclusive, therefore allowing wider participation.

Chanzu said there should be no delays in effecting the changes.

Last week, Nyong’o had said the legal team under Imanyara would forego their Easter holiday owing to the enormity of the task at hand.

"The legal team will harmonise nomination and election rules to ensure members are not subjected to unnecessary and complicated process. The proposed changes should not contradict the party constitution," Nyong’o said.

He said the rules being drafted would apply to all elective positions — Presidential, Parliamentary, Senate, Gubernatorial, Women Representative and County Assembly Representative.

Mudavadi’s team believes Raila’s retreat over election and nomination rules last week was merely a tactical retreat to forestall further falling out in ODM.

Environment Assistant Minister Josephat Nanok argued there would be nothing wrong with the old constitution being submitted and the proposed changes being effected at a later stage. "We should bear in mind that the rules are not the Biblical Ten Commandments that cannot be changed, ours is amendable from time to time," Nanok added.

Changes

Mr Nanok said there was adequate time to effect the changes ahead of the next General Election and as such there should be no cause for alarm. "We should bear in mind that ODM is not about Raila and Mudavadi, it is much bigger than that," Nanok said.

Former Makadara MP Reuben Ndolo said it was unfortunate some leaders were working against the party’s ideals and seeking to tear it apart even when they did not even understand how it was formed.

Nairobi Mayor George Aladwa said competition between Raila and Mudavadi was good as it encouraged competition.

"This is very healthy competition and party delegates will pick the flag bearer. We expect the loser to concede defeat so that the party may go to election as a solid team," Aladwa said.

Ainamoi MP Benjamin Langat said Mudavadi was free to join G7 alliance if and when the heat becomes too much, for him in ODM. "Chances for Mudavadi to be the presidential flag bearer are very high, but ODM bigwigs would not allow him to prevail (in ODM)," Lang’at added.

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