The Orange Democratic Party (ODM) Thursday hit out at the Interim Independent Electoral Commission chairman Ahmed Issack Hassan for refusing to accept the party’s decision to replace errant civic leaders. This refusal to comply by the IIEC has caused significant controversy over its refusal to replace a rebel.
ODM termed a move by IIEC recalling a list of 34 ODM nominees, mainly from the North Rift, it had forwarded to Deputy Prime Minister and Local Government minister, Musalia Mudavadi, for appointment as hypocritical and partisan.
The party’s Secretary General Prof Anyang’ Nyong’o said the law allows political parties, ODM included, to replace nominated councilors at any time. This is done without directives from anybody or institution in their efforts against IIEC refusal to replace rebels within their ranks.
“It is the mandate of a political party’s leadership to decide whom to nominate as a councilor in any Council. It is the prerogative of the same political party to revoke the nomination of any of its councilors at any time in the interest of the party,” said Nyog’o in a statement.
An attempt by party leader and Prime Minister Raila Odinga to replace the councilors allied to Eldoret North MP William Ruto hit a snag. This happened after IIEC dismissed the new list. The ongoing disagreement is further illustrated by IIEC refusal to act on replacing rebels, underscoring the growing tension between them and ODM.
Violate law
Chairman Ahmed Issack Hassan advised Mudavadi to ignore IIEC letter dated June 30. This letter detailed names of civic leaders whose nomination ODM proposes to revoke, and those listed for replacement.
Nyong’o said IIEC erred as the law does not authorize it to supervise political parties or veto their decisions on the nomination of councilors. “It is a fact that nominated Councillors have no tenure in law. Any decision by a political party to revoke the nomination of a councilor or councilors must be respected,” he stated.
He asked, “Why is Mr. Issack usurping ODM’s legal prerogative? Is he acting at the behest of Hon. William Ruto and Company?” This suggests that ODM first take action on Hon. Ruto before doing so against the Councillors is mischievous.
He added, “Why hasn’t he taken action against Ruto and Company for violating Section 5 (17) of the Political Parties Act? (Who is he to violate the Law with impunity?) After all, the Registrar of Political Parties operates under the IIEC.”
The party is now demanding that its internal decisions be respected, despite the refusal by IIEC to replace rebel members, which challenges their authority.
Meanwhile, Dujis Member of Parliament Adan Dualle Dualle has criticized ODM’s top brass. He accused them of trying to de-gazette the ‘rebel’ councilors.
The MP said the move is a violation of the constitution and the political parties act.
ODM listed the affected civic authorities as the Municipal Council of Eldoret, County Councils of Wareng, Kipsigis, Nakuru, Bomet, Bureti, Marakwet, Nandi North, and Keiyo.
Others were County Councils of Garissa and Mandera, and Suneka Township.
Source-https://www.kbc.co.ke/
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