We won't conduct another nomination in Siaya, says ODM

ODM National Chairman John Mbadi addresses the Press. (Photo: Moses Omusula/Standard)

ODM will defy the Political Parties Tribunal’s directive to repeat Siaya governor nominations, party chairman John Mbadi has said.

Mbadi said the tribunal’s decision came too late since Governor Cornel Rasanga has already been cleared by IEBC to defend the seat on an ODM ticket.

“The decision is in vain and not actionable. The party is now only answerable to the IEBC,” he said.

On Friday, the tribunal ruled in favour of petitioner Jeconia Ogutu and ordered ODM to conduct fresh nominations within 72 hours. But Mbadi dismissed the tribunal, saying it is being used by interested parties to ruin ODM’s plans to defend the seat.

“Why would they make that decision when those who contested Rasanga’s nomination have moved on and are either independent candidates or supporting the governor?” posed the Suba South MP.

Rarieda MP Nicholas Gumbo has been cleared to run for the seat as an independent. Legal experts, however, say refusal to repeat the nomination could have legal implications for ODM. Former Law Society of Kenya president Aggrey Mwamu said dismissing the matter could amount to contempt. “They can file a petition for review or an appeal, saying the decision was either impractical or not fair,” he said.

Disputes surrounding ODM nominations seem far from over, as the party has also filed an appeal against the clearance of Nyatike MP Edick Anyanga by IEBC to defend his seat on its ticket. But Anyanga said the courts had ruled in his favour and the decision to declare him the ODM candidate can only be reversed through a court process. He said failure to obey the ruling would amount to contempt.

On May 31, the High Court threw out an appeal by Tom Odege, Anyanga’s rival, on grounds the process through which he was awarded a nomination certificate was irregular.

“For the avoidance of doubt the nominee for ODM in Nyatike is Edick Anyanga. The nomination certificate issued to him is the only valid certificate which shall be received by IEBC. The certificate issued to the appellant contrary to the orders of the political parties disputes tribunal is hereby cancelled and declared null and void,” ruled Justice Luka Kimaru.