How provision in ODM law could save Oburu-led NDC

A provision in the ODM’s constitution could save the party from attempts to block its upcoming National Delegates Convention (NDC), amid a deepening standoff with Secretary General Edwin Sifuna.

At the centre of the dispute is the interpretation of the party constitution, especially on whose responsibility is it to issue notice convening the delegates meeting.

The party has announced plans to hold NDC on March 27.

According to the party’s constitution, a notice should be given at least 21 days before the meeting, meaning the party should issue the notice by next week.

ODM currently has Edwin Sifuna as the Secretary General after the Political Parties Dispute Tribunal (PPDT) overturned NEC’s decision to replace him with Busia Woman Representative Catherine Omanyo.

Article 49 (b) of the Constitution gives the party the mandate to designate an official to issue the notice in situation where the Secretary General cannot for one reason or the other.

It states: “The notice and agenda convening the meeting shall be sent out by the Secretary General at least 21 days before such date and published on the Party website and/or at least one daily English newspaper with wide national circulation, and/or at least one Swahili radio broadcast carried by a leading broadcasting station.”

The provision has gained fresh relevance following claims by a faction allied to Sifuna that the planned NDC would be illegitimate if the official notice is not issued by the Secretary General.

The clause is now being cited by ODM insiders as a safeguard against attempts to paralyse party operations if a holder of a key office is unable or declines to act.

ODM Party Legal officer Tony Moturi told the Star their constitution places authority in party structures rather than in individual office holders.

He said the constitution provides mechanisms to proceed, even in the absence of cooperation from certain officials.

“What I appreciate today is how we are interrogating our party constitutions — treating them as living documents, not just pieces of paper filed away. We are testing our own constitution through this process,” Moturi told the Star.

“Ordinarily, it is the office of the Secretary General that convenes. However, it (constitution) also provides for situations where the SG is unavailable or unable to act. In such circumstances, the NEC can designate a member to do so.”

The disagreement comes as Sifuna has openly clashed with some senior party leaders over recent decisions.

He has however insisted he will attend the March 27 NDC being a meeting of the organ of the party.

“I am the SG of ODM. We will go to that NDC. There is no one who can kick us out of NDC,” Sifuna said.

His allies have however insisted that bypassing the Secretary General in issuing an NDC notice would violate party rules and undermine the legitimacy of the convention.

Embakasi East MP Babu Owino has maintained that only an NDC notice given out by Sifuna will be legitimate.

“We can only attend the NDC if the delegates are audited one by one and if the NDC is called by the Secretary General, who is Edwin Sifuna. If Sifuna does not call the NDC, then it will not be an NDC. It will be a Kangaroo meeting,” Babu said.

“We do not want an NDC that is not procedurally called. We want an NDC called by the Secretary General. None of the office holders followed the procedure to be in office except the SG.”

However, party officials argue that the constitution allows ODM organs to function collectively and ensures that the party’s activities cannot be halted by an individual.

According to Moturi, the drafters of the constitution intentionally anchored powers in institutions to protect ODM from internal stalemates.

He argued that the NDC will be properly convened after the Mombasa NEC meeting that not only convened the convention but also appointed Omanyo to act in the office of the Secretary General.

“NEC is responsible for convening both the NDC and the NGC. However, for an ordinary session of the NDC, the agenda must be approved by the National Governing Council. The last meeting we had in Mombasa was not related to an ordinary NDC session.” Moturi stated.

“This is a special session of the NDC. In the case of a special session, only the NEC can convene it. That means the NGC is bypassed.”

He said there are two ways to initiate the process of convening the NDC; either by NEC itself or by at least one-third of the membership.

"In this case, it was NEC that initiated it — not a requisition from members,” Moturi said.

Omanyo dismissed Babu’s claim regarding the legitimacy of the party’s NDC and who has the mandate to issue the notice.

The Busia lawmaker argued that the party’s SG’s role is only to notify party members adding that NEC can appoint any other party official 21 days before the conference to inform members.

“The notice and agenda convening the meeting shall be sent out by the Secretary General, failing which, any other party official specially appointed for that purpose by the NEC at least 21 days before such a date and published on the party website and in at least one daily English newspaper with wide national circulation,” Omanyo said.

National Delegates Conference is a key decision-making organ of ODM and is expected to address several issues affecting the party, including internal disputes that have recently spilled into the public.

The Orange Party is also expected to open its top positions for elections during the meeting to be held in Nairobi.