ODM notice of National Delegates Convention is defective, says Jimi Wanjigi

Businessman Jimi Wanjigi has written to former Prime Minister Raila Odinga’s party – ODM, demanding that it recalls a notice of National Delegates Convention (NDC) scheduled for February 25 and 26, terming it “defective.”

In his letter to ODM Secretary General Edwin Sifuna dated February 8, Mr Wanjigi questioned why the party had not listed as one of the agenda items at the convention, the nomination of the party’s presidential candidate for the election of the President of the Republic of Kenya. 

“Since this is an ordinary session of the National Delegates Convention, which is only held once every five (5) years, in accordance with Article 7.3.1 of the Constitution, the deliberate omission of conducting elections to nominate the Party’s Presidential candidate from the agenda items listed in your notice calling for the delegates meeting published over the weekend, exposes the party to the risk of not nominating its presidential candidate for the 2022 General Election scheduled to be held in August 2022 for the first time since its inception fifteen (15) years ago against the dictates of the constitution,” Mr Wanjigi states.

“As an aspirant for the party’s presidential ticket, the omission of this critical agenda at the convention, in my considered view, is unreasonable, smells of ulterior motive, and is meant to curtail my rights as a life member of the party to participate in the party’s affairs,” he adds.

 Violating constitution

The presidential aspirant faulted the party, arguing that since he announced his bid in 2021; the party has been operating in “an opaque manner, not responding to my constant pleas to be democratic in its dealings, and has been fundamentally violating its constitution and the Nomination Rules.”

“I pointed this out through my letter to the National Elections Board (NEB) chairperson on 13th September 2021 and copied to you that Rule 10 of the party’s Election and Nomination Rules required the party to conduct party grassroots elections after every five (5) years in accordance with the Party’s Constitution,” Mr Wanjigi tells Mr Sifuna in his letter that is also copied to Ms Catherine Mumma, the Chairperson of NEB and the Registrar of Political Parties Ms Anne Nderitu.

He accuses ODM party of preferring to conduct grassroots elections through consensus, a process he termed as “not only illegal but is not sanctioned by the constituting document of the party, that is, the Constitution.”

Rule 5 of the Party Elections and Nomination Rules, he argues, do not list consensus as a method of electing party officials.

“Article 7.12 and 7.14 on the other hand, are explicit that grassroots elections shall be conducted at the polling station level by universal suffrage.

 “As fundamentally flawed and contaminated the process has been, the resultant officials of the party that was ‘elected’ through the consensus method are now the party delegates called for the upcoming convention to elect the Party’s flagbearer. Further, the notice does not comply with the mandatory provisions of Article 7.2.2A of the constitution as to the composition of the Convention,” Mr Wanjigi states.

He argues that ODM has willfully and deliberately ignored the participation and has not invited some classes of delegates to the Convention.

“This is a fundamental violation of the constitution that has never been seen before and the same is only happening under your reign as the Secretary General of the Party and it is my demand that you forthwith stop disregarding and acting in breach of the party constitution.”

He went on: “I espouse the ideals of ODM and its democratic credentials, which is why I signed up as a party life member and have remained at the forefront of fighting for justice in this nation, including during the 2017 election, as you very well know.

“It is my considered view that we need to sustain and build on these democratic credentials so that ODM sustains its contribution of governance ideals long after we the current members have exited the stage. I am further reminding you that Rule 10 of the Elections and Nomination Rules stipulates that where more than one candidate applies for nomination as President, there shall be an election to nominate the Party’s candidate.”

Democratic tenets

My demand is simple; that the spirit and the letter of the democratic tenets guaranteed in the party’s constitution and rules be followed to the tee, said Mr Wanjigi.

“I fail to understand what you find challenging with that, yet you have the hindsight of being trained as an advocate!  One of the goals of offering my candidature for the party ticket is to support the party in enhancing internal democracy in a more transparent, accountable, and people-driven process.”

“It is for this reason that I demand the notice issued be recalled as the same is defective and does not adhere to the party’s constitution. I further demand;  that you recall the notice dated February 4, 2022 calling for delegates meeting and comply with the constitution that requires the party to conduct elections of its presidential candidate after every five (5) years and consequently include an agenda for that election as per law required; and.

 “That you recall the notice dated February 4, 2022 calling for delegates meeting and comply with the constitution as to composition of the delegates to attend the Convention and includes all the delegates as per Article 7.2.2A (17 and (18) of the Constitution. 

In the ODM notice published in local dailies over the weekend, the two day NDC will take place at Nyayo National Stadium, coinciding with President Uhuru Kenyatta’s Jubilee NDC to take place at the Kenyatta International Convention Centre (KICC).

"Please take notice pursuant to Article 7.2 as read together with Article 7.5.3 (d) of the Orange Democratic Movement (ODM) Constitution, that a National Delegates Convention shall be held on the 25th and 26th February, 2022 at the Nyayo National Stadium from 9am," reads the notice signed by Mr Sifuna.

The meeting will bring members of the 16 structures of the party from the National Executive Council (NEC) to the members of the Party's Standing Committee.

Top on the agenda will be consideration and ratification of National Governing Council decisions which have been made since the NDC of March 17, 2017.