The ODM National Delegates Conference planned for Friday next week could drop into limbo after some members sought to stop it.
John Nchebere and 15 other party members filed the application at the Political Parties Dispute Tribunal claiming the NDC was organised without following the outfit’s constitution.
Through lawyer Khalid Salim, the members want the NDC suspended and an order for chairman John Mbadi and Secretary-General Edwin Sifuna to withdraw the notice issued on February 4 convening the meeting.
They also want the party to be compelled to reopen its nomination process for the presidential flag bearer within the next 21 days.
“We want the party compelled to draw up a calendar of activities towards the election of the presidential flag bearer, issue nomination papers to aspirants and provide a list of certified delegates to attend the NDC at least 21 days before it is convened,” said Salim.
The petitioners argued that they had complained and raised objections to the planned NDC but the party declined to address the illegalities raised.
They accuse the party of failing to carry out elections for the national officials despite the fact that the current officials have been in office for more than five years.
According to the petitioners, the notice for the ODM convention deliberately omitted some clauses on delegates that are required to attend the delegates meeting, thereby discriminating against some of them.
“The notice omitted approximately 230 party delegates required to attend this convention and the party has refused and neglected to recall the said notice and rectify the omission,” said Salim.
Salim added that the notice omitted an agenda item for the conduct of election to nominate the party’s presidential flag bearer as required by law. He claimed that the party’s constitution requires the NDC to be convened at least 21 days before the day but the party only gave 13 days which is illegal.
“The party members noted the anomalies and brought them to the attention of the party leadership for internal dispute resolution but they have declined,” said Salim.
Tribunal chairman Desma Nungo certified the application and directed the petitioners to immediately serve ODM before Monday 2pm.