ODM has quietly moved to install new top officials, including Oburu Oginga, as the substantive party boss, bypassing the mandatory ratification of its National Delegates Convention (NDC).
The Star has established that ODM has formally written to the Registrar of Political Parties to effect the sweeping changes despite a clamour for a vote by delegates.
After days of prodding, Oburu agreed to convene the NDC, but it appears the issue of party leadership may not be on the cards after all.
A public notice issued by the Registrar of Political Parties John Lorionokou on Monday, January 19, invites members of the public to present their views to the proposed changes.
The registrar’s notice opened a one-week window for any ‘person
with written submissions’ to object.
In the changes, the party’s long-serving leader, Raila Amolo Odinga, has been replaced by his elder brother, Oburu Oginga.
According to the notice, the entire party top brass has been overhauled.
Cooperatives Cabinet Secretary Wycliffe Oparanya and his Mining counterpart Ali Hassan Joho have been removed from their deputy leader positions.
They have been replaced by Mombasa Governor Abdulswamad Nassir (in charge of Strategy), his Kisii counterpart Paul Simba Arati (Operations), and Godfrey Osotsi (Policy).
Homa Bay Governor Gladys Wanga has taken over as national chairperson from John Mbadi, who is currently serving as National Treasury Cabinet Secretary.
The changes have been instituted at a time when ODM is yet to hold its NDC, which is the party’s supreme governing organ.
A faction of the party, notably led by ODM secretary general Edwin Sifuna (Nairobi Senator), EALA MP Winnie Odinga, and Embakasi East MP Babu Owino has maintained on several occasions that only an NDC can ratify the changes.
Critics say the ODM constitution gives only the NDC the powers to substantively install officials into office.
Last week, Winnie accused some officials of violating the ODM constitution.
“The Constitution of ODM says that no member of the Central Committee or the NEC is able to act on behalf of the party of ODM unless they’re ratified by the NDC.. “They went and did an NGC and misrepresented that they’re the ones in charge, knowing very well that they’re not in charge until an NDC happens,” she said.
The party, however, maintains that the changes were lawfully
ratified by its National Governing Council (NGC).
Officials argue that the NGC, as an organ of the NDC, is empowered to make interim changes, as the full NDC convenes only once every five years.
They cite the party’s constitution, which outlines a framework for continuity. Article 50 designates the NGC as the executive arm of the NDC.
Section 2 (j) allows the NGC to ratify NEC decisions on matters that, in the NEC’s view, cannot wait for the next NDC.
Regarding vacancies, Article 73(2) authorises the NEC to appoint a member on an interim basis to fill a vacant position until the next elections.
The party asserts that this framework ensures stability when leadership changes are necessary.
A lawyer who was part of the ODM constitution review recently said the now gazetted changes were confirmed by the NGC in its Mombasa meeting.
Fred Orego argued that the process was procedural and adhered to
the party Constitution.
The Sifuna faction, however, argues that the scale of the changes - affecting the party leader, all three deputy leaders, and the national chairperson- cannot be passed off as a routine “interim” measure.
The team holds that the changes amount to a fundamental overhaul that the constitution reserves for the sovereign NDC.
Winnie Odinga recently stated that only the NDC, as the party’s supreme organ, can elect national officials or appoint NEC members.
For Winnie and critics, the NEC and the central committee cannot lawfully act on behalf of the party without ratification of the NDC.
It is anticipated that disgruntled party members or competing factions may lodge formal complaints.
INSTANT ANALYSIS
If the changes are successfully registered based on the NGC's interim authority, it would set a significant precedent for political party management. However, if challenged, it could make worse the already protracted internal war, and present legal battles that could cripple the party and slow it down in its bid to work with President William Ruto in the 2027 election.
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