The Nation (Nairobi)

Kenya: Row in Parties as Safina Moves to Court

17 January 2008


Nairobi — Differences over picking of nominated MPs heightened Wednesday even as Safina moved to court seeking to reverse a decision by Electoral Commission of Kenya (ECK) denying it a slot in the 10th Parliament.

Safina, through its lawyer PLO Lumumba, said it is entitled to one seat out of the 12 available for political parties and urged the court to preserve that slot pending the determination of the case.

Slots distribution

In its suit papers filed at the High Court, Dr Lumumba told Mr Justice Mathew Anyara Emukule that pursuant to the provisions of section 33 of the Constitution, ODM was to get six slots, PNU three, and one each for ODM Kenya, Kanu and Safina.

But ECK, the party said, had given ODM-K two slot in flagrant breach of the spirit of the Constitution.

To buttress its case, the party said even in 1997, it had five MPs and was given one slot.

The court will rule on the matter this morning.

And interim officials and top leaders of ODM and ODM-K reacted sharply over the validity of nominations in their respective parties.

ODM leader Raila Odinga maintained the party presented only one list to ECK, terming another purported list as a PNU propaganda. He told a Press conference in Nairobi that the list was final.

ODM interim vice-chairman Mugambi Imanyara said he respected and remained loyal to Mr Odinga but would want his authority as registered official to be respected.

He said the two separate lists they all sent was unfortunate and regrettable despite the fact that the law mandated his team to do so and not any other person.

He said the matter had not been resolved and he would only hear from Mr Odinga and nobody else.

Mr Imanyara insisted he would not respond to anybody else on the matter or make any inquiry at the ECK since the law will take its cause whichever direction the matter went.

Names approved

Six names approved without approval of the interim officials were Sheikh Mohammed Dor, former MPs Joseph Nyagah, Musa Sirma, ODM executive director Janet Ongera, Garissa women's leader Sofia Ahmed and Nairobi party activist Rachel Shebesh.

But Mr Imanyara had proposed himself, party interim chairman Said Keitany, secretary-general Tony Cege, Ms Ongera, activist Nancy Abisai and former Thika mayor Mumbi Ngaru.

On the other hand, Vice-President Kalonzo Musyoka's running mate in the presidential elections Dr Julia Ojiambo Wednesday maintained she was the top candidate for nomination and doubted claims that interim ODM Kenya chairman Daniel Maanzo had forwarded his own name.

The party director of elections, Mr Peter Kubebea, said interim officials had no authority to transact any other business except signing nomination certificates of presidential, parliamentary and civic candidates.

Meanwhile, PNU was Wednesday working on its list.

Sources told the Nation that former minister for Foreign Affairs Raphael Tuju, PNU's national campaign manager George Nyamweya and former Mombasa mayor Taib Ali Taib were the likely candidates for nomination.

In Kanu, a source said the party will nominate somebody from Rift Valley Province with Gideon Moi and Nick Salat standing the chance.

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