ODM yet to comply with ruling on bungled party primaries in Bondo constituency

Dr Gideon Ochanda.

Dr Gideon Ochanda.

Photo credit: File | Nation Media Group

The ODM party and its National Elections Board (NEB) are yet to comply with a directive from the Political Parties Disputes Tribunal (PPDT) to conduct fresh nominations in Bondo constituency through universal suffrage. The PPDT nullified the nomination of the incumbent Dr Gideon Ochanda after his main challenger Andiwo Mwai challenged his victory in the primaries for the second time.

The first petition was filed with the ODM tribunal in Kisumu and Dr Ochanda’s victory was upheld. In the ruling, the Orange party and the NEB were given 72 hours to hold fresh voting but the deadline lapsed on May 1.

“The NEB and the ODM party shall conduct a fresh election for the nomination of Member of Parliament for Bondo constituency through … universal suffrage of its members, within 72 hours of this order; that is to say on or before 1st May 2022,” read the PPDT decree.
It is not clear what method the party will use to resolve the dispute surrounding the bungled primaries.

The nullification of Bondo constituency nominations is similar to that of Alego Usonga, where the tribunal ordered the NEB to conduct fresh nominations after former university don Dr Nicholas Ochogo’s petition was granted.

Mr Ochogo cited shambolic nominations.

“I am happy my prayer to have the process nullified was granted, because the process did not give the majority their way. I know I am the choice of Alego Usonga. I believe in a free and fair process. I will carry the day,” said Mr Ochogo.

In Gem constituency, however, the tribunal directed the Orange party to issue a nomination certificate to the incumbent Elisha Odhiambo. ODM and the elections board can challenge the PPDT ruling in the High Court. They will have to explain why the nominations could not be held as directed, said constitutional lawyer Ibrahim Oyoo.

“The Orange party has the option of going to the High Court and explaining why they could not respect the tribunal's directive and convince the court why they should be allowed to have a candidate through another process different from universal suffrage,” said the High Court advocate.

ODM held nominations in Siaya County on April 13 through universal suffrage for the positions of county assembly members and woman representative and for MP seats in Gem, Bondo and Alego Usonga constituencies.

Siaya Woman Rep Christine Ombaka garnered 27,521 votes, ahead of her main challenger Pamela Akelo, who received 20,513, while former Miss Tourism (Siaya) Dorothy Awino came a distant third with 11,217.

In Alego Usonga, Mr Atandi defeated Mr Ochogo, the former getting 17,789 against the latter’s 3,350 from the six wards in the constituency.

Nominated MP Jackline Oduol was third with 542 votes.

Dr Ochanda trounced Andiwo Mwai to earn the Orange party’s ticket with 10,771 against the latter’s 4,967.