Jakoyo brother controversially awarded ODM Gem ticket as opponent appeals

Dr George Jalang'o Midiwo

Dr George Jalang'o Midiwo, brother of former Gem MP Jakoyo Midiwo, speaks to Nation journalists at his home in Gem, Siaya County, on June 16, 2021. 
 

Photo credit: Tonny Omondi | Nation Media Group

Questions continue to arise over how the victory of Gem MP Elisha Odhiambo in last week’s ODM nominations was nullified and the ticket awarded to a newcomer, Dr Jalang’o Midiwo.

In the controversial primaries, Dr Midiwo, a brother of the late former Gem MP Jakoyo Midiwo, lost narrowly to Mr Odhiambo, receiving 6,384 votes against the incumbent’s 7,405.

There seems to be a disconnect between the party’s National Elections Board and it Appeals Tribunal. They have differed on the nullification of Mr Odhiambo’s win that allowed the party’s Central Committee to give a direct ticket to their preferred candidate.

Mr Odhiambo is accused of engaging in acts of violence during the primaries. Insiders say his threat that he would boycott a rerun of the polls was the last nail in his coffin, leading to Dr Midiwo quietly getting the ticket.

But Mr Odhiambo believes he was a victim of a system that had a predetermined outcome irrespective of what the Gem people wanted.

Speaking to the Nation by phone, Dr Midiwo confirmed that he had been awarded the nomination certificate.

This happened despite Mr Odhiambo being declared the winner in the nominations, with his win upheld twice by the party’s Appeals Tribunal.

Dr Midiwo said the party’s governing organs considered many factors before awarding him the certificate, which included the violence reported during the nominations where his rival was implicated.

“I am an ODM member and the party internal mechanisms and structures considered many things before awarding me the ticket,” he said.

He added: “Elisha had an option of going for a repeat poll. If he did not fear and believed that he was the choice of Gem people, why didn’t he agree to a repeat process?”

But Mr Odhiambo feels some unscrupulous people were out to deny him the ticket whichever way.

Petition

After he won the nominations, Dr Midiwo challenged the victory at the Appeals Tribunal, citing several irregularities and arguing that these denied residents the right to elect the leader of their choice.

The tribunal set aside Mr Midiwo's petition, saying the primaries were conducted according to the party’s nomination rules.

Tribunal chairperson Fredrick Orego noted that Mr Midiwo had failed to demonstrate that the claimed irregularities had affected the outcome of the election.

The panel pointed out that their verdict relied on the Supreme Court’s decision in Presidential Petition Number One of 2017 between Mr Raila Odinga and the Independent Electoral and Boundaries Commission (IEBC). The court’s ruling stated that irregularities in an electoral process can overturn an electoral result if they impact the results.

Irrespective of this verdict, the party’s elections board called for a repeat election, a move Mr Odhiambo opposed, vowing to boycott the repeat primaries, which he described as illegal since the Appeals Tribunal had upheld his election.

“I am calling on my supporters not to participate in an illegal process because I have made it clear to Mumma that I will not be part of an illegality whose outcome has been predetermined,” said Mr Odhiambo at a press briefing in Kisumu.

He stated that the moment the case was taken to the appeals board, the jurisdiction of the NEB ended after the tribunal pronounced itself on the case.

A day later, after Dr Midiwo filed a review, the ODM disputes resolution tribunal for a second time upheld the nomination of the Mr Ondhiambo, maintaining that the voting was credible.

Mr Orego stated that it was not enough for the appellant to rest his appeal solely on the claims of violence and voter intimidation.

The party later ignored this verdict and cancelled the planned repeat election, opting to issue a direct ticket to Dr Midiwo.

Mr Odhiambo has kept his supporters waiting but vowed to fight for the ticket to the end.

His lawyer Evans Oruenjo said the case is now with the Political Parties Disputes Tribunal, which heard the appeal today and will deliver a ruling on Saturday, April 30.