The planned delegates’ convention by the Orange Democratic Movement (ODM) is quietly turning into a legal battle that could expose the outfit’s soft underbelly occasioned by the absence of its founding leader Raila Odinga .
The March 27 National Delegates Convention (NDC) was initially seen as an attempt by party leader Oburu 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. The camp pressured him to convene an NDC for the party’s delegates to elect a new party leader.
Siaya Governor James Orengo (right) and ODM Edwin Sifuna address residents of Ugunja town during a public rally by Linda Mwananchi faction on February 8, 2026.
Photo credit: Alex Odhiambo | Nation Media Group
But a notice for the convention has since been met with a complaint that is likely to find itself in the corridors of justice. A Nairobi-based firm acting for party member Vincent Chepkwony has questioned the legality of the notice convening the meeting.
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.
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 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 the four counties of Migori, Kisumu, Nairobi and Taita Taveta are yet to conclude their grassroots election.
ODM Party Leader Oburu Oginga, Deputy Party leaders, Simba Arati and Godfrey Osotsi during the ODM@20 anniversary at Mama Ngina Waterfront in Mombasa on November 15, 2025.
Photo credit: Wachira Mwangi | Nation Media Group
“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 the ODM Women's League and the 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 the delegates who are 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 its attempt to stop the NDC.
“Why are they running to court now? They told Oburu to convene an NDC. Now that 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 the 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.
ODM party leaders at Sameta grounds in Kisii County during the 'Linda Ground' event on January 25, 2026.
Photo credit: Ruth Mbula | Nation Media Group
“As they publish the notice of the meeting, let them publish the list of delegates expected to attend the NDC,” Mr Osotsi told Nation in an interview.
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, which 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.
In a recent event, Dr Oginga invited critics questioning his legitimacy to attend the convention, saying the NDC will provide a forum to settle the debate through a democratic process.
ODM Leader Oburu Oginga at Linda Ground in Siaya County.
Photo credit: Pool
“We are going to have our NDC. Those who have been saying Oburu is an illegitimate ODM party leader because he was not confirmed by NDC, we have called the meeting on March 27, and we are inviting them to come, and if they have something to say to Kenyans, let them come and say it there. We shall meet them there. Delegates, will you give me the leadership of the party?” he said.
ODM’s NDC is composed of members of NEC, Members of Parliament, Governors, chairpersons of branch executive committees, all chairpersons of the county coordinating committees and Minority and Majority leaders in county assemblies.
Also in the list of NDC delegates are national officials of the ODM Youth League, national officials of the ODM Women League, national officials of the ODM Disability League, among others.
