ODM elections put off again

The Orange Democratic Movement has postponed its grassroots elections which would have started on Friday.

This follows a High Court order stopping the polls after four ODM members filed an application to block State officers and politicians from contesting party positions.

Deputy party leader Musalia Mudavadi said at Orange House on Thursday, that they learnt of the Wednesday court order through the media.
“ODM shall suspend the scheduled grassroots elections until the case is fully determined in compliance with the court order.

“This is despite the fact that the party learnt through the media that the High Court issued an order prohibiting it from conducting grassroots party elections that were planned for this week,” said Mr Mudavadi.

The order, issued by Lady Justice Jeanne Gacheche, barred the registrar of political parties from accepting results of elections from any political party or registering party officials unless the elections conformed with Article 77 (2) of the Constitution and section 15 of the Political Parties Act.

Mr Mudavadi, who is also a Deputy Prime Minister and Local Government minister, accused the court of issuing orders without consulting all involved parties.

“It is unfortunate that the order preventing our long overdue elections was issued ex-parte without giving the party an opportunity to be heard.

“We have noticed this worrying trend whereby the courts have entertained last minute applications without due regard to the cost or inconvenience

to those adversely affected,” he said, citing the suspension of the Kamukunji by-election as example.

The DPM said the four petitioners should have addressed their issues through party channels as provided for by the Political Parties Act and the

ODM constitution rather than go to court without the party’s knowledge.

The four are Mr Japheth Kiio, Mr Julius Gaya, Mr Vincent Ouma and Mr Jeremiah Ambassa, who cited Article 77 (2) of the Constitution that states that “any appointed State officer shall not hold office in a political party”.

ODM secretary general Anyang’ Nyong’o called on the court to issue a clear interpretation on who should hold posts in political parties.

Article 260 of the Constitution states that State officers include the President, Vice-President, MPs, members of the county assembly and cabinet

secretaries.