Headache for ODM in Migori as ruling affects campaigns

The Supreme Court decision to bar the electoral commission from declaring the Migori governor’s seat vacant has thrown campaigns into disarray.

The campaign mood that had set in two weeks ago after the Court of Appeal sitting in Kisumu revoked Zacharia Okoth Obado’s victory is already fizzling out.

Prior to Justice Mohammed Ibrahim’s April 3 ruling, parties and aspirants were busy getting ready for the by-election.

“We are waiting for the court outcome, but we must continue strategising for the by-election; In politics, you cannot just sit and relax,” said aspirant Mark Nyamita in an earlier interview.

Supporters of Mr Obado, too, remained optimistic that their man would win the Supreme Court case because the Court of Appeal “grossly violated our rights”.

“We are also strategising to make sure  the governor wins if a by-election is called. He is a safe pair of hands for this cosmopolitan county,” said Mr Ben Oloo, a key supporter of Mr Obado from Rongo Constituency.

“ We must give him a chance to complete his term and implement his development record...we cannot play politics with leadership positions everytime,” said another supporter from Awendo, Mr Joshua Otieno.

Mr Obado had challenged the Court of Appeal decision to cancel his election claiming that the court sitting in Kisumu was wrong in ruling that his election was not free and fair.

“I won by a big margin. They arrived at a decision which was biased and a violation of my rights,” he said.

He said the judges misapplied the law when they lowered the standard of proof in an election petition and used laws unknown in such cases. Justice Ibrahim also stopped the Speaker of the Migori County Assembly from being sworn in as acting governor; the inter partes hearing resumes  this Tuesday.

Meanwhile, ODM is grappling with who to be flagbearer when the by-election is called. While supporters of the petitioner Prof Edward Oyugi want him to be nominated directly, those of former minister Ochilo Ayacko and of Mr Mark Nyamita want nominations to pick the most popular candidate.

“The Orange party must do justice to its members by ensuring that credible party nominations are held to pick the most popular flagbearer,” said Mr Ayacko.

“Some people have been purporting to speak for me, claiming that I have quit the race. I speak for myself and I am in the contest to the end,” he said.

The former Rongo MP said dynamics in Migori County were very unique necessitating the need for free and fair party nominations.

“We want nominations to be done to pick the most popular candidate or the party can as well forget the seat. We are not going to be coerced to support a candidate who is given direct nomination,” Mr Nyamita told the Sunday Nation.

But Prof  Oyugi’s supporters says the party is likely to favour a particular candidate  is nominations are held.

Migori Senator Wilfred Machage has put his party on notice over the impending  by-election, saying if they don’t conduct credible nominations, they will lose the seat.

“The party lost the seat in the last polls due to chaotic primaries, and it may happen again. We want ODM to capture the seat but that will largely depend on how we conduct nominations,” he said on phone.

He said the Kuria community will settle for “nothing less than a running mate”.

“We have agreed as a community  that our 70,000 votes will not be taken for granted. We will vote  for a candidate who has a Kuria as a running mate, whether in ODM  or another party,” he, said adding smaller tribes can tilt the outcome.

Migori has 270,000 registered voters in the eight constituencies. The county has Luo, Kuria, Luhya, Kisii and Somali residents.

Mr Obado has an edge in Kuria West and Kuria East constituencies because he is likely to have a Kuria running mate while Prof Oyugi of ODM will bank on the party popularity in his campaigns.

Observers also said Mr Obado may receive a considerable number of votes in his home Uriri Constituency and in Rongo because MP Dalmas Otieno, who has broken ranks with the ODM leadership, may campaign for him.

Incumbency may also work in Mr Obado’s favour  because he will benefit from the network of employees he  has hired from various locations and sub-locations.

Prof Oyugi will hope to get votes from Suna East, Suna West and Nyatike where his running mate Mrs Anne  Anyanga, comes from.

ODM executive director Magerer Langat said they were consulting opinion leaders in Migori on the best way forward. However, he hinted they may settle on Prof Oyugi.

“You cannot wait for a person to go court, win the petition and then come and tell us not to give him the ticket.”

Sitting MPs are also divided on Prof Oyugi’s candidature with some saying he deserves the ticket because he is the one who won the petition and should be given direct nomination.

Among them is Suna East MP Junet Mohammed who said that subjecting Prof Oyugi to nominations would be unfair since he is the one who dethroned Mr Obado.

“Prof Oyugi was and remains a strong candidate for the seat. He should not be subjected to nominations,” he said.