ODM has quietly moved to install new top officials, including
Oburu Oginga, as the substantive party boss, bypassing the mandatory
ratification of its National Delegates Convention (NDC).
The Star has established that ODM has formally written to the
Registrar of Political Parties to effect the sweeping changes despite a clamour
for a vote by delegates.
After days of prodding, Oburu agreed to convene the NDC, but
it appears the issue of party leadership may not be on the cards after
all.
A public notice issued by
the Registrar of Political Parties John Lorionokou on Monday, January 19, invites
members of the public to present their views to the proposed changes.
The registrar’s notice opened a one-week window for any ‘person
with written submissions’ to object.
In the changes, the party’s long-serving leader, Raila Amolo
Odinga, has been replaced by his elder brother, Oburu Oginga.
According to the notice, the entire party top brass has been
overhauled.
Cooperatives Cabinet Secretary Wycliffe Oparanya and his Mining
counterpart Ali Hassan Joho have been removed from their deputy leader
positions.
They have been replaced by Mombasa Governor Abdulswamad Nassir
(in charge of Strategy), his Kisii counterpart Paul Simba Arati (Operations),
and Godfrey Osotsi (Policy).
Homa Bay Governor Gladys Wanga has taken over as national
chairperson from John Mbadi, who is currently serving as National Treasury
Cabinet Secretary.
The changes have been instituted at a time when ODM is yet to
hold its NDC, which is the party’s supreme governing organ.
A faction of the party, notably led by ODM secretary general
Edwin Sifuna (Nairobi Senator), EALA MP Winnie Odinga, and Embakasi East MP
Babu Owino has maintained on several occasions that only an NDC can ratify the
changes.
Critics say the ODM constitution gives only the NDC the powers
to substantively install officials into office.
Last week, Winnie accused some officials of violating the ODM
constitution.
“The
Constitution of ODM says that no member of the Central Committee or the NEC is
able to act on behalf of the party of ODM unless they’re ratified by the NDC.. “They
went and did an NGC and misrepresented that they’re the ones in charge, knowing
very well that they’re not in charge until an NDC happens,” she said.
The party, however, maintains that the changes were lawfully
ratified by its National Governing Council (NGC).
Officials argue that the NGC, as an organ of the NDC, is
empowered to make interim changes, as the full NDC convenes only once every
five years.
They cite the party’s constitution, which outlines a framework
for continuity. Article 50 designates the NGC as the executive arm of the NDC.
Section 2 (j) allows the NGC to ratify NEC decisions on matters
that, in the NEC’s view, cannot wait for the next NDC.
Regarding vacancies, Article 73(2) authorises the NEC to appoint
a member on an interim basis to fill a vacant position until the next
elections.
The party asserts that this framework ensures stability when
leadership changes are necessary.
A lawyer who was part of the ODM constitution review recently
said the now gazetted changes were confirmed by the NGC in its Mombasa meeting.
Fred Orego argued that the process was procedural and adhered to
the party Constitution.
The Sifuna faction, however, argues that the scale of the
changes - affecting the party leader, all three deputy leaders, and the
national chairperson- cannot be passed off as a routine “interim” measure.
The team holds that the changes amount to a fundamental overhaul
that the constitution reserves for the sovereign NDC.
Winnie Odinga
recently stated that only the NDC, as the party’s supreme organ, can elect
national officials or appoint NEC members.
For Winnie and critics, the NEC and the central
committee cannot lawfully act on behalf of the party without ratification of
the NDC.
It is anticipated that disgruntled party members or competing
factions may lodge formal complaints.
INSTANT ANALYSIS
If the changes are successfully registered based on the
NGC's interim authority, it would set a significant precedent for political
party management. However, if
challenged, it could make worse the already protracted internal war, and
present legal battles that could cripple the party and slow it down in its bid
to work with President William Ruto in the 2027 election.
