IEBC barred from clearing ODM nominee in Migori Senate race

IEBC barred from clearing ODM nominee in Migori Senate race

A side-by-side image of ODM Migori Senate aspirants Willies Misare and Eddy Oketch. PHOTOS | COURTESY

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According to Misare, Mbadi read “unpublished and/or fake opinion polls” before decreeing that “ODM Migori ticket would be issued without engaging the voters as mandated by the party constitution.”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.

Tags:

ODM IEBC Migori County Eddy Oketch Senate race Willies Misare

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