Interim ODM party leader Oburu Oginga has resorted to mediation as he fights attempts to stop the planned March 27 National Delegates Convention (NDC).
The delegates’ meeting called to confirm interim party officials – including Dr Oginga – has morphed into a legal battle as those opposed to it now seeking to exploit the party’s constitution in an attempt to block it.
Kimani & Muriithi Associates acting for party member Vincent Chepkwony on March 6 wrote to the party questioning the legality of the notice convening the meeting as well as the composition of delegates to attend the NDC.
Consequently, the party through its Executive Director Oduor Ong’wen has reached out to the petitioner requesting for a mediation to resolve the standoff. In the letter dated March 8, Mr Ong’wen has since invited Mr Chepkwony for a meeting scheduled for this week.
“Pursuant to the provisions of the ODM party constitution, and in particular the party’s commitment to internal dispute resolution and fair hearing as contemplated under Article 16 (g), the party leadership hereby invites you to attend a mediation meeting…,” the letter states
ODM Party Executive Director Oduor Ong’wen.
Photo credit: File
“The purpose of the meeting is to afford you an opportunity to ventilate the issues raised in your complaint and to facilitate an amicable resolution within the party’s internal mechanisms. You may attend the meeting accompanied by an advocate of your choice or a friend provided that such a person is a member of the party.”
The planned NDC was initially seen as an attempt by Dr Oginga to forestall a brewing power struggle, but it is turning into a trigger of yet another battle that could derail the outfit’s 2027 plans.
Critics of the broad-based government led by party Secretary General Edwin Sifuna, Siaya Governor James Orengo, co-deputy party leader Godfrey Osotsi and Embakasi East MP Babu Owino had accused Dr Oginga of being in office unprocedurally.
But the notice for the convention has since been met with a complaint that is likely to find itself in the corridors of justice. The complainant argues that the notice was issued by the Deputy Secretary-General rather than the Secretary-General, which the petitioner claims violates the provisions of the ODM constitution.
ODM party leader Dr Oburu Odinga and other top officials of the political outfit at Sameta grounds in Kisii county on January 25, 2026.
Photo credit: Ruth Mbula | Nation Media Group
Article 49 of the constitution provides that a ‘Special Delegates Convention shall be summoned by the Chairperson upon the decision of the National Executive Committee or upon a requisition in writing signed by at least one third of the delegates eligible to attend an Ordinary Session of the Convention.’
“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 the wide national circulation, and/or at least one Swahili radio broadcast carried by a leading broadcasting station.”
Mr Chepkwony has also raised legality questions about the list of delegates expected to attend the convention. He argues that four counties of Migori, Kisumu, Nairobi and Taita Taveta are yet to concluded their grassroots election.
“In view of the fact that each county coordinating committee is required to nominate respective representatives where the Senator, Governor and Woman Representative are elected members of the party, who is going to nominate the representatives?’ argues the petitioner through Kimani & Muriithi Associates.
Further, the petitioner argues that no national elections for both ODM Women league and ODM disability league have been conducted in compliance with the ODM constitution. All national officials for the two leagues form delegates for the NDC.
“A Special Delegates Convention being a very important event for the party, it is paramount that the identities of the delegates attending should be made public for purposes of transparency and accountability. The Other members of the party deserve to know who are the delegates representing them.”
National Assembly Minority Leader Junet Mohammed linked the petition to the Linda Mwananchi rival camp of Mr Sifuna and Mr Orengo. He claimed that the camp has resorted to using proxies in their attempt to stop the NDC.
From Left: ODM Secretary General Catherine Omanyo, Junet Mohamed and Homa Bay Governor and ODM National Chairperson Gladys Wanga during the Linda Ground political rally at Mkunguni Square in Lamu Old Town on Thursday, February 12, 2026.
Photo credit: Kalume Kazungu | Nation Media Group
“Why are they running to court now? They told Oburu to convene an NDC, now a notice has been issued they want to stop the meeting. ODM is a party that operates through its well-established organs. Do we stop doing what we have to do as a party because of five people” posed Mr Mohammed.
In a previous interview, Mr Ososti told Nation that they are not opposed to the NDC, but want national positions opened up for competitive elections.
The notice issued on Friday has listed ‘ratification of the National Governing Council Resolution on party leadership.
Interim officials including Dr Oginga, his three deputies; Mr Osotsi, Abdulswamad Nassir and Simba Arati and National Chairperson Gladys Wanga among other officials – approved by the party’s NGC in Mombasa last year – are set to be presented individually before the delegates for either confirmation or rejection.
But the rival camp has since issued fresh demands that they would not participate in the exercise unless all the national positions are opened up for competitive elections.
The camp has also demanded that list of ODM delegates invited for the event be published before the convention for public scrutiny. They have also questioned the legality of the convention on the basis that the party was yet to conclude its grassroots elections, including in its strategic counties of Nairobi and Kisumu.
He cited Article 47 of the party’s constitution that set the maximum number of delegates present at any National Delegates Convention at 3,000. The same Article also lists the mandate of the NDC, that include election of national officials.
“The current dispute in ODM can only be resolved through a competitive election. All interim officials and any other eligible party member should be allowed to apply and compete for any of the national positions,” said the Vihiga senator.
He also raised questions over delegates set to attend the meeting, saying the party had declared grassroots positions vacant but was yet to conclude the elections which started last year.
