Five ODM party members have moved to the political party’s dispute resolution tribunal (PPDRT) seeking to have nominations for Migori County Gubernatorial seat repeated.
Gabriel Umidha Olenje, Daniel Ojiji Awuonda, Lydia Adhiambo Sadia, Maresa Atieno Nyakinye and Munyiko Maurice Kihingu claims that ODM intends to nominate Zachary Obado for the Migori County Gubernatorial seat come August 8, 2017.
The five are also seeking orders to suspend or withdrawal the certificate issued to Obado by the ODM pending the hearing and determination of the suit.
Through lawyer Omondi Lumumba, the applicants claim that instead of nominating Obado, ODM ought to embark on a fresh nomination exercise to determine the party’s nominee for Migori County Gubernatorial seat in a manner compatible with the constitution of Kenya, Elections Act, Party’s Constitution, and nomination and election rules.
“We want ODM to be restrained from granting or issuing Obado with the nomination certificate for the Gubernatorial Seat Migori County pending the hearing and determination of the complaint,” said Lumumba.
They allege that the decision to nominate Obado as the nominee for Migori County Gubernatorial seat is an attempt by ODM to circumvent its own constitution, dispute resolution processes, and the decisions of the Migori County Appeal Tribunal Committee and the National appeals tribunal judgements that annulled Obado’s nominations held on April 24, 2017.
“In the event ODM proceeds to issue the nomination certificate to Obado the same be declared null and void,” said Lumumba.
Lumumba is also seeking orders restraining IEBC from accepting the ODM’s party nomination certificate for the position of the Governor for Migori County or from any other persons claiming to duly elect to be the party’s flag-bearer pending the hearing and determination of the suit.
Olenje in his affidavit claims that Obado was not a member of ODM political party when the nomination process began and until the deadline for submission of the applicants intend to contest for the party’s ticket on November 30, 2016 and February 29, 2017 for officers in Public employment.
He claims that Obado had been associating himself with ODM’s matters contrary to Section 14 of the political Parties Act.
“On March 17, 2017 ODM proved this fact to be right purporting to apply to be a member of ODM,” Said Olenje.
He claims that Obado was at the date of March 16, 2017 a member of Peoples Democratic Party, (PDP) and not ODM and he only purported to defect from PDP on March 17, 2017 after the complaint was filed at the PPDT.
Olenje claims that for one to be considered a member of ODM, he or she should be in possession of certificate of membership.
Obado in response said that it is true that he was a member of PDP up until he was officially tendered his resignation from being a member of the party. He said that the resignation letter was dully lodged with the registrar of political parties.
“I therefore exercised my constitutional right to join the party, I applied to be a member of ODM Through the proper structures set down by the party and paid Sh 20,000 fees to be a member, ”Said Obado .
ODM through lawyer Samuel Makori said that the directive of the National Appeals Tribunal has thus been satisfied and a fresh process for determining the nominee has been done and completed.
Majori urged the consider the provisions in the party constitution on party membership ,the provisions in its Election and Nomination Rules on requirements for aspirants and the powers vested on the NEB through the NEC to issue nominations.
