The Orange Democratic Movement Party –ODM has suspended the planned grassroots elections that were scheduled to kick off tomorrow Friday 1st July 2011.
This is in respect to the Court Order issued by the High Court in Nairobi on Wednesday 29th July 2011.
Addressing the press at Orange House on Thursday (30th June 2011), Deputy Party Leader Mr. Musalia Mudavadi said the party had decided to take that decision to respect the Order that was issued by Justice Jean Gacheche prohibiting it from conducting the much awaited elections.
He said the party learnt of the issuance of the Court Order from the Media. “Media reports suggest that at least two of the applicants that sought this court order are members of the ODM” said Mr. Mudavadi who is also the Deputy Prime Minister and Minister for Local Government.
He regretted that “that ODM members with ample opportunity to address whatever issues they might have through the normal Party channels and structures as provided for by the Political Parties Act and the Party Constitution chose to initiate legal action at the last minute without notice to the Party”.
Mr. Mudavadi said it was annoying for such Orders to be issued at a time when the party and its membership had prepared for the exercise and decried the trend that has been adopted by the Courts of blocking such exercises at the 11th hour.
“Unfortunately – and even though we are ready and eager to hold our grassroots elections - the ODM respects the courts, adheres strictly to the rule of law and constitutionalism, and therefore cannot ignore the court order” said the DPM.
Mr. Mudavadi said that it was high time the issue of “who can or cannot hold political party positions is resolved by a competent court once and for all”.
Mr. Mudavadi at the same said the interpretation of the Constitution is not in the purview of the Commission on the Implementation of the Constitution, the Attorney General or the Registrar of Political Parties saying it is the responsibility of the Supreme Court.
“The mandate of the CIC is to look at the laws that are enacted by Parliament in respect to the implementation of the Constitution and not its interpretation” said Mr. Mudavadi.
Party Secretary General Prof. Anyang’ Nyong’o said the interpretation of the Constitution must be fair. “Cabinet Secretaries and Ministers are two different things” said the Medical Services Minister.
Present at the Press Conference were Cabinet Ministers James Orengo, Mohammed Elmi and Amerson Kingi and Assistant Minister Manyala Keya. National Elections Board Chairman Eng. Philip Okundi and Secretary to the Board Dr. Joseph Misoi, party officials and members from across the country among others.
Meanwhile, the National Elections Board of the ODM has officially announced the suspension of the grassroots elections scheduled to start tomorrow due to the Court Order prohibiting the party from carrying on with the exercise.
A statement signed by the Board Chairman Eng. Philip Okundi and his Secretary Dr. Joseph Misoi said in part that “ the Board calls upon all the Returning Officers to immediately surrender all election documents, application forms and finances to the National Elections Board Headquarters at Orange House in Nairobi.
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Orange Democratic Movement,
ODM Orange House Kilimani