Circus: The irony of Sh12 billion government’s debt to ODM, Mbadi’s silence a cause for worry

By Anderson Ojwang

Ironically, the demand by the Orange Democratic Movement (ODM) that the government pay the Sh12 billion debt is rather cynical.

On Monday, during the ODM strategic retreat press conference, where the Cabinet Secretary for Treasury and Economic Affairs, Mr John Mbadi, was in attendance, the thorny issue of the debt featured.

Interestingly and surprisingly, Mbadi, the immediate former party national chairman, once a loud voice in demanding that the government of President Ruto should pay ODM’s debt, remained mute and ignored the matter altogether.

Baffling indeed, that the ODM leadership, after the media raised the pertinent and thorny issue of the debt, opted to let it slide without any serious engagement and follow-up.

This is the circus and confusion that the party has found itself in after the death of its founder, the late Raila Amolo Odinga.

The payment of political party funds was one of the bases of the broad-based arrangement between President William Ruto and the late Raila.

Mbadi, upon assumption of office, has maintained studious silence on the matter and currently prefers to campaign for President Ruto’s second term.

Even after the media asked about the debt, it was Mbadi’s successor, Gladys Wanga, who only confirmed the amount owed to the party.

At the press conference, when Mbadi was asked to address the media, he veered off the matter but instead said ODM was a united party under the leadership of Dr Oburu Oginga as the party leader.

“Our being here is in recognition first that there is always a time to lead and a time to leave others to lead. We have this party. My two colleagues here have been deputy party leaders, while I have been the national party chairman for 10 years. But we were seconded to the government by this party, and so we could not hold the same positions. But there are people who have succeeded us. We must give them support, work with them, and work under them. Because when it comes to the party machineries, they are above us, and we are their subjects. We have come to demonstrate unity in ODM and that ODM is one under the leadership of Dr Oburu Oginga as the party leader,” he said.

Last Sunday, Deputy party leader Simba Arati demanded the payment before any pre-election coalition talks with President William Ruto’s United Democratic Alliance (UDA), insisting that the Sh12 billion debt owed to ODM must be paid before they could embark on pre-election coalition talks.

He said the payment of Sh12 billion in political funds owed to ODM was one of the irreducible minimum conditions before the talks.

“I want to say something here. The debts that the government owes us, kindly our brothers, pay us. We will not have any talks. The government owes ODM, and we want the government to pay us. The minimum irreducible number one item is the Cabinet Secretary for Treasury, John Mbadi, present here. Kindly pay our money first before we can engage in talks,” he said.

A new battle front in ODM over the Sh12 billion debt

A new battle front has erupted over the Sh12 billion debt, with Siaya Governor James Orengo criticising the Linda Ground faction for not recognizing his legal contribution.

Orengo wrote on his social media platforms: “It is a matter of public record that I personally initiated the legal proceedings on behalf of ODM to determine the funds owed to the party by the Government. The Ksh 12 billion figure exists today only because of the ruling in the case I filed. It is ironical to see the ‘Linda Tumbo’ group now demanding these funds from the President without acknowledging the legal groundwork I laid, choosing instead to target me with personal attacks.”

But in a hard-hitting response, a statement from the party accused Orengo of having reneged on his early promise to act for free on behalf of the party.

The statement said it was important to set the record straight regarding the Political Parties Fund case that the party successfully litigated.

“We have noted the claim by Gov. James Orengo that he personally initiated the matter. With respect, that position is not accurate. The true position, as borne out by the Party’s records, is that the National Executive Committee deliberated on the issue and formally resolved that the case be filed on behalf of the Party. At the material time, Gov. Orengo was brought on board as a senior-ranking member with legal expertise specifically to offer legal services on a pro bono basis,” read the statement.

The statement also accused Orengo of failing to institute the proceedings through his law firm but instead bringing in another law firm.

“That was the clear understanding. However, instead of instituting the proceedings through his own law firm, he conveniently introduced the firm of Ms. Julie Soweto, which ultimately filed the petition. From that point, the character of the engagement shifted from what had been understood as a pro bono undertaking into a contractual legal arrangement,” the statement read in parts.

It went further to state that the law firm was paid Sh40 million for the service.

“Following the Party’s success in the High Court in 2016 and subsequently in the Court of Appeal in 2018, demands for legal fees began to be made. Ms. Soweto’s law firm was paid Kes. 40 million by the party. The demand came as a surprise to everyone, including the Party Leader, the late Raila Odinga. There was nothing ‘PRO-BONO’. The documentary trail in this regard is clear and verifiable, and Hon. Orengo has personally received these payments. There is evidence to that effect,” the statement read.

Gachagua’s token taunt

Recently, former Deputy President Rigathi Gachagua challenged the ODM leadership to request President Ruto to disburse the Sh12 billion political fund owed to the party by the government.

Gachagua said it was unfortunate that the leadership was driven by tokenism from the President instead of seeking the disbursement of political funds owed to them.

“Instead of going for tokens, kindly ask the President to disburse even half of the amount owed to make the party financially sound. Former party national chairman John Mbadi is the current Cabinet Secretary for Finance. Why can’t he arrange to release funds to ODM? We need a stronger party with a sound financial standing. This is what the party leadership should prioritize,” Gachagua said.

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