ODM suit fails to stop elections

By IAfrica
In Kenya
Feb 27th, 2014
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A last-minute attempt to stop today’s ODM elections failed yesterday after the High Court struck out two petitions seeking to halt the polls.

Seven ODM members had sought orders to restrain the party from conducting the elections citing irregularities and breach of the constitution.

However, Justice David Majanja rejected the two cases saying the matter falls within the jurisdiction of the Political Parties Dispute Tribunal.

The judge said the applicants did not demonstrate to the court that they had lodged complaints before the tribunal first as required by law.

“In my view this case is between a member and a political party and such dispute should be settled before the tribunal that is mandated by the constitution to handle such issues first,” the judge said.

Justice Majanja said although there are exceptional circumstances that can allow the court to adjudicate such issues, the two cases did not fall under such category.

Aggrey Omondi Otore, Evans Harold Ndege, Jeremia Omuga, Peter Odhiambo Mola, Jacinta Anyango and Zachary Aseda, all officials of the Kaspul Kabondo ODM sub-branch had claimed that the party had removed their names from the list submitted for nominations.

In the other case, Paul Oke Kaika said he had made necessary payments and submitted his application to vie for the deputy secretary general but his name was not submitted for nomination.

The seven wanted the court to issue an injunction restraining the party or any other person from conducting the election. They also said the party had not complied with mandatory requirements of the constitution, the parties electoral and nomination rules and gender parity.

Meanwhile, the ODM team led by Budalangi MP Ababu Namwamba said it will sweep to leadership of the Orange party in today’s poll if delegates use the secret ballot method of elections.

Namwamba led over 30 MP to declare that they will not go for any mode of voting non other than secret ballot saying it was the surest way of bring change to the party.

Speaking at Nyali International Beach hotel in Mombasa where he met over 300 delegates from Coast Namwamba claimed that there was a ploy to block change into the party through voting by acclamation which is vulnerable to intimidation.

“We are sure that this team here represents the aspiration of all supporters of democracy and therefore victory is on our side because the delegates have confidence in us. Our opponents will be shocked,” said Namwamba.


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