ODM wars head to Kisii

The impending South Mugirango by-election is set to provide the next battlefront in the supremacy tussle between ODM bigwigs Raila Odinga and William Ruto.

Sources close to the two political titans told Sunday Nation Mr Odinga and Mr Ruto were already pulling in opposite directions in regard to the by-election, even before the Speaker of the National Assembly declares the seat vacant.

Whereas Mr Odinga’s allies are pushing for a free and fair nomination to pick the party’s torchbearer during the by-elections, forces allied to the Agriculture minister insist the former MP, Omingo Magara, ought to be given a direct nomination given his status as the party’s national treasurer.

“We are demanding that Magara be given direct nomination by ODM because the problem was at the Electoral Commission level, not at the party level,” Cherangany MP Joshua Kutuny, a fierce ally of the Agriculture minister told Sunday Nation.

Mr Kutuny alleged that senior ODM officials allied to Mr Odinga, in particular secretary general Prof Anyang’ Nyong’o, were hatching a scheme to ensure that Mr Magara does not get the party’s ticket.

Foreseen signals

“We have already foreseen signals that he may be denied the party’s ticket. We will resist this using all means and are rallying our friends to throw their weight behind him. We will talk to Kalonzo (Musyoka), Uhuru (Kenyatta) and everybody because Magara commands support across the board,” he said.

Mr Kutuny further stated that Mr Ruto’s allies would all camp in South Mugirango to ensure that Mr Magara retains his seat. “He is the type of politician we cannot afford to lose,” he stated. But Mr Odinga’ allies led by Kisumu Town West MP Olago Aluoch warned the Ruto faction against forcing Mr Magara on the electorate.

Mr Aluoch insisted that Mr Magara should be subjected to the party’s nomination process so that the party picks the most popular candidate. “The remarks by Kutuny will work against the interests of Magara. ODM has a nomination procedure and Magara should apply for nomination like everybody else,” charged Mr Aluoch.

Another MP from Gusiiland allied to Mr Odinga but who sought anonymity also pleaded with the party not to subject Mr Magara to a fresh nomination exercise despite the fact that he has been allegedly undermining the PM in the region. “Given that Magara is the ODM treasurer, even though the judge made it clear that the election was not free and fair, let the party give him the ticket as much as he has frequently lambasted Raila,” said the legislator.

But ODM’s director of elections Philip Okundi maintained that the party would go by its constitution and the wishes of the South Mugirango electorate in deciding whether to hold a nomination or grant Mr Magara a direct ticket. “Nominations will be carried out based on the party constitution and it is clear on how nominations should be carried out,” he said.

Kisii High Court judge Justice Daniel Musinga nullified Mr Magara’s election on December 17 following a successful petition by South Mugirango politician Manson Oyongo Nyamweya. Mr Magara has since filed a notice of appeal seeking to overturn Justice Musinga’s ruling in a race against time as the Speaker is set to declare the seat vacant on January 17.

Through lawyer Katwa Kigen, the Trade assistant minister argues that unless the appeal is heard urgently, the Speaker of the National Assembly will declare the seat vacant. He avers that the appeal is merited and has overwhelming chances of success.

In nullifying Mr Magara’s election, Mr Justice Musinga accused the presiding officers of failing to sign Form 16As. The judge also said it was impossible to know who was in charge of the polls and who ensured the accountability of the ballot papers at the polling stations.

Mr Magara says Mr Justice Musinga nullified the election on grounds that were not pleaded by Mr Oyongo, the petitioner in the case. He further says that a recount had confirmed him the winner, but the judge ignored it and still nullified his election.

Mr Magara has been at loggerheads with the PM since the Bomachoge by-election where he declined to join Mr Odinga in campaigning for the party’s candidate, Simon Ogari.

Ignored Raila

Instead, he chose to host Mr Ruto at a fundraiser in his constituency on the same day the PM was campaigning in the constituency. Mr Odinga was forced to traverse the constituency campaigning for Mr Ogari with Public Works minister Chris Obure and Foreign Affairs assistant minister Richard Onyonka.

Speaking at the fundraiser where Mr Ruto was the chief guest, Mr Magara is reported to have declared that those who supported development were at his function while those who loved politicking were busy campaigning, a salvo apparently directed at the PM who was on the campaign trail barely 30 kilometres away.

Mr Magara is also said to have paraded officials of a little known party, PDP, and told the crowd that it was the party to watch. He has since denied that he failed to campaign for Mr Ogari, maintaining that he joined the ODM campaign trail in the days leading to the by-election.

Mr Magara is also said not to see eye to eye with fellow ODM-friendly legislators in Gusiiland such as Mr Obure, Mr Onyonka, Mr Ogari, West Mugirango’s James Gesami and Nyaribari Chache’s Onsare Monda.

Fiercest challenger

According to pundits, Mr Magara faces a Herculean task retaining his seat should it be declared vacant, with former Uriri High School headteacher Ibrahim Ochoi emerging as his fiercest challenger, alongside My Nyamweya. Mr Ochoi is also said to be eyeing the ODM ticket while Mr Nyamweya is likely to run on a Ford People ticket.

The Ruto camp is meanwhile preparing to develop new partnerships in 2010. Mr Kutuny declared that the Ruto wing would seek to solidify its alliance with deputy Prime Minister Uhuru Kenyatta, Vice President Kalonzo Musyoka and Tourism minister Najib Balala in the new year, with a view to eclipsing Mr Odinga.

“We have won round one of the battle with (Prime Minister) Raila; at least the government has set aside Sh1 billion to compensate Mau evictees. We now want to push for the passage of the draft constitution,” he said. He revealed that the Ruto-Kalonzo-Uhuru axis had lined up a series of rallies across the country to market the alliance which he said had also roped in Saboti MP Eugene Wamalwa, Cyrus Jirongo and assistant minister Aden Duale.

“We have also lined up several rallies in the first quarter of the year with a view to cementing our alliance. Our next stop is in Murang’a at a meeting to be hosted by Uhuru at the end of January,” Mr Kutuny said.