By Felix Olick and Rawlings Otieno

ODM’s National Executive Committee, the party’s top decision making organ, wants Musalia Mudavadi stripped of the deputy premiership.

The demand will likely intensify the political rivalry between Prime Minister Raila Odinga and the Sabatia MP.

In what is promising to be the mother of all battles between former comrades turned rivals, ODM demanded that Mudavadi immediately surrender the DPM office to the party.

They also demanded that Mumias MP BenWashiali, who decamped together with Mudavadi to the United Democratic Forum (UDF) party, be stripped of his position as ODM’s Deputy Chief Whip.

The NEC asked ODM Chief Whip Jakoyo Midiwo to immediately pick a replacement for Washiali.

“The National Executive Committee instructs the Party Leader who is also the Prime Minister of the Republic of Kenya to immediately nominate a new Deputy Prime Minister in accordance with Section 3 (3) of the National Accord and Reconciliation Act,” said ODM Deputy Secretary General Joseph Nkaisery who spoke on behalf of the party.

Mudavadi has insisted he will continue serving as MP for Sabatia and DPM saying both positions are insulated by the Sixth Schedule of the Constitution and he cannot therefore be removed despite having ditched ODM.

“I hold the position of Deputy Prime Minister because of the National Accord and Reconciliation Act 2008 and I cannot leave the position because the country is still reconciling,” said Mudavadi.

On Monday, a lobby group called Friends of Raila (Fora) went to court seeking an order that will compel the Speaker of the National Assembly to declare seats of defectors like Mudavadi and Eldoret North MP William Ruto vacant to facilitate a by-election.

Close to 100 MPs have shifted parties and are currently going around the country campaigning for various positions on their newly formed parties or alliances.

vacancies advertised

Speaking after a four-hour NEC meeting at Orange House in Nairobi on Tuesday, ODM officials said the DPM position held by Mudavadi belongs to the ODM wing of the Coalition Government.

Citing the National Accord that brought the Coalition Government into existence, the leaders said that Raila has to nominate a new Deputy Prime Minister who will represent the party’s interests.

The meeting, chaired by Tinderet MP Henry Kosgey, who had gone quiet in the party, resolved to strip positions off the party renegades still clinging to party positions.

And as if sending a message to Musalia who quit the party citing unfair nomination rules, they proposed to the party’s National Governing Council that the nomination exercise for the ODM presidential candidate be held at the county level.

However, party members will vote to select aspirants for governor, senator, women representatives and MPs.

ODM’s NEC said that since Mudavadi has quit the party he should resign as DPM since the position was given to him courtesy of his membership. Mudavadi is now the United Democratic Forum (UDF) presidential flag bearer.

“When we created the coalition government four positions were written into the National Accord whose holders could only be removed by resignation, ill-health, Parliament, a court of law or the collapse of the Coalition Government,” said Mudavadi when he relinquished his position as Minister for Local Government.

Leaders associated with the G7 political movement including Vice President Kalonzo Musyoka, have urged Mudavadi to stay put.

During the burial of Nairobi Mayor George Aladwa’s father in Mudavadi’s Sabatia backyard, Ikolomani MP Bony Khalwale told Raila that if ODM attempted to remove Musalia then he would table a motion to throw out the PM. Khalwale maintained that ODM no longer enjoyed the majority support of MPs in Parliament.

ODM also strongly opposed the unilateral appointments of County Commissioners made by President Kibaki last week.

The ODM top brass termed the appointments unilateral and questioned why Prime Minister Raila Odinga was not consulted.

The NEC members resolved that the appointments should be revoked and the vacancies advertised for public participation. “We are the party of devolution and we shall stand to protect devolution at any cost,” maintained ODM Parliamentary Group Secretary Ababu Namwamba.

The ODM leaders said that it was suspect that the appointments were made before Parliament passed the County Government Bill.

They backed their party boss in dismissing the appointments and questioned the role of the commissioners when governors will head counties. Odinga had earlier stated that he was not consulted but allayed fears that the appointment could be a recipe for chaos in the counties.

While making the appointments on Friday, State House said they were in line with Section 17 of the Sixth Schedule of the Constitution.

But speaking from Addis Ababa, Attorney General Githu Muigai said that the Office of the President had written to him seeking his legal opinion on over the appointments.

He said he would address the issue tomorrow when he returns to the country.