Nine branch chairpersons of the Orange Democratic Movement (ODM) have pulled out of a tribunal case sparked by a call to cancel the National Delegates Convention, accusing a colleague of fraud and misrepresentation.
They told the Political Parties Disputes Tribunal yesterday that they had not authorised John Mworia Nchebere, who is allied to businessman and ODM presidential aspirant Jimi Wanjigi, to file the petition.
The new twist emerged when the matter came up for hearing at the tribunal chaired by Ms Desma Nungo.
The regional ODM heads tabled sworn affidavits distancing themselves from the petition, saying they had not authorised the legal action. They recanted earlier affidavits that had been sworn to support the petition that seeks to cancel the convention.
"We have a list of people confirming they were in a meeting held on February 9, 2022 but the purpose of the meeting was not filing of the present petition. This confirms the case is not genuine," said ODM's lawyer Jackson Awele.
He added that the party believes “Mr Wanjigi is the principal applicant though unnamed” in the documents filed at the tribunal.
Those who abandoned the case are Njagi Ngari, Hassan Duba, Jacob Mule, Nur Ali, James Njeru, Njagi Juma, Peter Kithua, Abdistar Mohamed Aga and Mohamud Ibrahim Maalim.
They argue they did not authorise the filing of the petition at the tribunal and demanded that their names be struck out from the case.
They called the petition fraudulent and an abuse of the tribunal process, threatening to sue Mr Nchebere for using their personal data and details without their consent.
“I have never authorised or consented to the filing of any complaint and/or applications against the respondents on any issue,” reads an affidavit sworn by Mr Mule.
“I therefore unequivocally distance myself from the complaint and affirm that the same is without merit and was otherwise filed in bad faith to serve a selfish political purpose unknown to me."
Lawyer Awele told the tribunal that if the NDC is cancelled taxpayers will incur losses of more than Sh40 million.
"The NDC brings together over 3,000 delegates. Costs of bringing them to Nairobi is in excess of Sh40 million. Contractual engagements have been entered with suppliers and guests nationally and worldwide have been invited," he said.
He pleaded with the tribunal to allow the convention to proceed, adding that the resolutions can be nullified if the tribunal finds there was an illegality or irregularities in the procedures.
"The application before you is without merit. Allow the NDC, not the political gimmicks. The application is a collateral political swipe at the party. The application discloses no cause of action to justify the kind of draconian orders sought," Mr Awele said.
In a further attack on the case, the lawyer said the matter is an abuse of the court process as the complaint was raised prematurely. The complainants did not exhaust the internal dispute resolution mechanism, the tribunal heard.
“The applicant wrote to (the) office of the secretary-general on February 16, 2022. Barely 24 hours later he moved to this Tribunal and thereby denied the Party opportunity to as much as read his letter and internalise his concerns, if any,” he said.
On the applicant’s complaint that the party failed to disclose a key agenda in the NDC notice – the nomination of the party's presidential flag-bearer – Mr Awele said ODM’s National Governing Council (NGC) is to meet on Friday to discuss the agenda item.
But lawyer Willis Otieno, for the applicant, maintained that the NDC was convened illegally. He said his client is only pushing the party to comply with its own constitution, adding that ODM risks not having a presidential candidate in the August General Election.
He stated the party had conceded there was an illegality by stating that the NGC will convene on February 25 for agenda items that will be tabled to party members the following day.
"The NGC should have met 21 days before the date of the meeting so that party members can have an opportunity to discuss and internalise the agenda. It is mischief.... you do not surprise members with an agenda," Mr Otieno said.
He added the meeting scheduled for Saturday, February 26, at Kasarani Indoor Gymnasium was called in contravention of the ODM constitution as about 1,230 delegates that are required to attend the meeting were left out.
ODM has scheduled its NGC meeting on Friday, February 25, at the Cooperative University College in Karen, Nairobi, ahead of the NDC on Saturday.
“That unless this Tribunal intervenes and grants the orders sought, the respondents will carry out an illegality that cannot be reversed and the applicants will suffer irreparable and severe prejudice which cannot be compensated by damages,” the lawyer said.
