IEBC barred from clearing ODM nominee in Migori Senate race
The
Orange Democratic Movement (ODM) has been restrained from submitting the name
of the party’s nominee in the Migori Senate race to the Independent
Electoral and Boundaries Commission (IEBC).
This
is pending the hearing and determination of a petition filed by city lawyer
Willies Misare, who is one of the aspirants that sought the party ticket in his bid to ascend to the seat.
Misare
protested the decision of the party to hand a direct ticket to his competitor –
Eddy Oketch – without holding nominations despite the fact that he had paid the
full fee.
The
Political Parties Disputes Tribunal (PPDT) restrained IEBC from receiving and
publishing Mr. Oketch’s name as the party’s nominee for Migori Senate in the
upcoming August General Elections.
Misare,
in a court papers filed by lawyer Omwanza Ombati, argued that he complied with
party requirements by sending his application documents seeking to be nominated
as the candidate for the seat on time, complete with the required fees.
He
claimed that he was called to a meeting at a Nairobi hotel on March 5, 2022 by
the ODM National Elections Board (NEB), which was however allegedly hijacked by
the party national chair John Mbadi.
According
to Misare, Mbadi read “unpublished and/or fake opinion polls” before decreeing
that “ODM Migori ticket would be issued without engaging the voters as mandated
by the party constitution.”
“This
action was manifestly afoul of the Political Parties Act, ODM’s Constitution
and laws. Notwithstanding the requirement for independence of the NEB and the
provisions of the ODM Constitution on its composition, the Party Chairman
purported to take over its role,” read court papers.
“True
to the petitioner’s fears, the said ticket was issued directly to Eddy Oketch
without consensus or primary elections according to Rule 24 of the ODM Party
Election and Nomination Rules, 2014 which provides for nominations to be
undertaken through universal suffrage.”
Misare
added that he reached out to the party’s internal dispute resolution mechanisms
to air his grievances but his efforts came to naught, as neither the party nor
its NEB responded to his letters of complaint.
He
further cited a financial hurdle in the party’s process of lodging an appeal
for Senatorial nominations saying the levies charged are a little too punitive
for his status as a young aspirant.
“The
Respondents charge a fee of Kshs. 70,000 for appeal in respect to the office of
the Senatorial nominations. The appeal fee is unconscionable and meant to
stifle and clog the right of the applicant to access any dispute resolution
mechanism, particularly taking into account his status as a youth,” states
court papers.
“The
said amounts are an impediment to access to justice through the party’s
Internal Dispute Resolution Mechanisms for being excessive in the
circumstances. The Applicant is a beneficiary of the affirmative action program
as a youth where he paid Kshs. 125,000 instead of Kshs. 250,000 as nomination
fees to enable him participate in the party primaries.”
Misare
also argued that it would only be logical if the nomination fees paid by
candidates who sought the party ticket in the Migori Senatorial race are
returned to them since the exercise was not even held in the first place;
however, he said, ODM has since gone mute on the matter.
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