Mudavadi demands delegates meeting to change party rules

Deputy Prime Minister Musalia Mudavadi is calling for a special session of ODM’s top organs to address the sticky issue of nomination, which is threatening to tear the party apart.

Mr Mudavadi’s group reckons that there is adequate time to call the National Governing Council and the National Delegates Conference to ratify changes agreed on at week’s National Executive Committee meeting.

Prime Minister Raila Odinga appeared to beat a tactical retreat in his battles with his deputy by allowing presidential nominations to be held at the county level.

More significantly, the PM accepted amendment of the clause in the party’s constitution making him the automatic presidential standard bearer. Were the clause to be retained, Mr Mudavadi’s contest for the party’s presidential ticket would have been null and void.

Vested with authority

The party’s Legal Affairs Committee was tasked to work through the Easter weekend on the amendments which will be forwarded to the National Governing Council for transmission to the top decision-making organ, the National Delegates Conference, which is vested with the authority to ratify the changes.

The changes are being effected as the party rushes to beat the April 30 deadline to comply with the Political Parties Act, which requires it to deposit its constitution with the registrar.

And there lies the contention. While the Mudavadi group insists the changes be effected before April 30, other ODM leaders want the constitution to be deposited with the registrar of political parties first, then the changes follow.

This is the position articulated by secretary-general Prof Anyang’ Nyong’o. Speaking in Kisumu on Saturday, Prof Nyong’o accused the media of blowing the party nomination debate out of proportion.

“The media are not presenting facts as they are. We can clearly see an attempt to subvert things in ODM,” he charged. He said that last week’s NEC meeting ironed out differences that had dogged the Orange party.

NEC resolutions

“Why would someone think about underhand dealings in the nomination process when both the PM and his deputy were comfortable with the NEC resolutions?” he asked.

But the Mudavadi camp sees the move to delay the amendments as an attempt to circumvent the proposals.

Those supporting the use of the current constitution argue that it would be difficult to effect the changes which involve convening an NDC before the April 30 deadline but Mr Mudavadi holds that it is possible.

“The DPM’s trust in party institutional mechanism is being used against him. If the party is honest and serious, it can amend the constitution before the April 30 deadline. All that is needed is to call a Special National Governing Council and the National Delegates Conference,” said Mr Mudavadi’s publicist, Mr Kibisu Kabatesi.

But, while acknowledging the need to call the NDC to ratify the changes, joint government chief whip Jakoyo Midiwo denied allegations of a plot to get Mr Mudavadi out of the party. The Gem MP, an ally of Mr Odinga, stressed that only the delegates conference can authorise changes.

The two issues have been at the centre of a protracted conflict between the two leaders, raising anxiety among ODM members over the party’s future and testing its unity even as the duo maintained confidence it would emerge stronger.

Mr Mudavadi’s allies appear to have been angered by the realisation that Mr Odinga gave concessions with one hand and took them away with the other.

Even as Mr Odinga compromised over the twin issues, his allies made proposals which, if adopted, would not only prevent Mr Mudavadi from bolting out of the party ahead of the polls, but also whittle down the influence of Rift Valley and Central Kenya regions which were seen to be pro-Mudavadi.

While accepting the county model and removal of the controversial clause, Mr Odinga’s allies said that the final decision on the presidential nominee be made by the NDC in September.

Sources said the move is calculated to prevent a last-minute defection.

The law requires parties to complete nominations at least 45 days before the election date. If elections are held in March, ODM would have to present its candidate by the second week of January 2013.

And, more importantly, the parties must submit their membership lists to the electoral commission at least three months before submission of nominees.

To meet the requirement, the party must present its list of members by October 2012. This means if the polls are held in December and the delegates conference in September, it will almost be impossible for an ODM member to leave.

This would effectively make it difficult for both Mr Odinga and Mr Mudavadi to shift loyalty in case of defeat as they would be considered time-barred.

There has been concern among Mr Odinga’s supporters that Mr Mudavadi is laying ground to leave. Mr Mudavadi has consistently denied the claim.

And with Mr Odinga’s rivals, Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto already anointed as presidential candidates by their communities, the enduring question remains: What would be Mr Mudavadi’s destination and what would be in it for him?

Additional reporting by Justus Wanga