By Anderson Ojwang
The Orange Democratic Movement (ODM) faction of Dr. Oburu Oginga could be walking into legal traps through the scheduled March 27 National Delegates Conference (NDC).
The Oburu-led Linda Ground could be providing legal fodder to the opponent, the Linda Mwanainchi wing of party Secretary General Edwin Sifuna, Embakasi East MP Babu Owino, and Siaya Governor James Orengo to reap.
Through the NDC, Oburu and his team could knowingly or unknowingly be handing over the party to the Linda Mwanainchi faction in what could be viewed as a repeat of the Ford-K tussle which pitted then director of elections, the late Raila Odinga, against the then chairman, the late Wamalwa Kijana, and Orengo.
Legal grounds
Recently, the Linda Ground faction, through the Deputy Secretary General Catherine Omanya, gave notice for the NDC, which will usher in a legal battle and would leave camps licking wounds and confined to the obituaries.
Sifuna was sacked by the National Governing Council but went and got a reprieve from the Political Parties Tribunal Court. Dr. Oburu refers to Sifuna as the court Secretary General while Omanya is referred to as the party secretary.
In the notice, one of the agendas is the ratification of the National Governing Council resolution on party leadership. Just like the recent parliamentary group meeting endorsed the sacking of Sifuna, the NDC is likely to follow suit.
The notice fails to recognize that after every five-year cycle the party is expected to elect new leaders in accordance with the constitution.
The Ordinary NDC role is to elect, from among eligible party members, the National Officials of the Party who shall constitute the National Executive Committee for a term of five years as set out in the constitution.
“All National Officials other than the Secretary for Parliamentary Affairs, Secretary for Women Affairs, Secretary for Youth Affairs, and the Executive Director shall be elected by the National Delegates Conference.
Subject to Article 6.2.2 (a), all National Officials shall hold office for a term of five years,” reads the constitution.
Already, the Orengo-Sifuna team has declared they will not attend the NDC, terming it illegal and unconstitutional.
Orengo said they want to endorse certain party officials who have never been elected. They want those people to be pronounced as national officials by acclamation.
“The constitution requires, and the national principles of the party require, that in a convention where there is the election of national officials, all members, including all delegates who wish to be considered for any position, should be able to present their names,” he said.
Party leader
The ODM constitution stipulates that the Party Leader shall remain in office until the next election of National Officials.
In the event that the Party Leader is unable to discharge his or her duties by reason of physical or mental infirmity, death, resignation, or where he or she ceases to be a Party member or a Member of Parliament, a Special Session of the National Delegates Conference shall be convened to elect a new Party Leader.
Saboti MP Caleb Hamisi said the appointment of Dr. Oburu as the party leader was an illegality and unconstitutional.
“For Oburu to be validly elected party leader, a special NDC was supposed to be called when the party leader Raila Amolo Odinga died to give a mandate to the new party leader, and this was never called.
The question we are asking is why Oburu is in the office. It is the special NDC which was supposed to put him in office. You already occupy an office and now you are going for an election. Where have you seen such a thing?” he said.
The Secretary General
The ODM constitution is explicit on the roles and functions of the Secretary General and recognizes the office holder as the spokesperson.
Article 7.3 reads: “Procedure of Meeting at National Delegates Conference 7.3.1 Ordinary Session: An Ordinary Session of the National Delegates Conference shall be convened by a resolution of the National Executive Committee ratified by the National Governing Council, and held once every five years but not later than 31st December of the fifth year, at a place, time, and date to be determined by the National Executive Committee.
The notice and agenda convening the meeting shall be sent out by the Secretary General, failing which, any other Party official specially appointed for that purpose by the National Executive Committee at least twenty-one days before such date and published in a daily English newspaper with the greatest circulation, and carried in a leading Swahili radio broadcast.”
Orengo said the notice of the NDC must be given by the Secretary General and, as things stand, Sifuna is the Secretary General recognized by the law.
“It must be given notice by the Secretary General. That is mandatory. The NDC notice you have seen is in the hands of the Deputy Secretary General,” he said.
Equally, the constitution prescribes the functions of the Secretary General as the Party Spokesperson and as being responsible for the management of the National Secretariat, and remaining the principal custodian of party records from grassroots to the national level.
The mandate includes ensuring that all meetings, including the National Executive Committee, National Governing Council, and National Delegates Conference, take place as provided for in the constitution at such time as may be decided by the National Executive Committee,” reads the constitution in part.
Omanya said there was nothing wrong with her giving notice because the Secretary General was not there and even recently he did not attend the meeting.
“We cannot stop to wait for somebody. One person. The party is a club of members. We have almost 6 million members and we cannot wait for one person.
Let them not look at us as enemies but we are family. We can differ but remain a family. If they are genuine ODM MPs and delegates, they should not look at it as illegitimate. It is wrong,” she said.
Oburu said he was validly elected and challenged those opposed to his leadership to face him at the NDC.
“Those who are saying that Oburu was not validly elected, I challenge them to face me at the NDC. Let us go with them to the NDC and I will call it very soon,” he said.
