Political parties tribunal halts ODM Nyando delegates decision

The Political Parties Disputes Tribunal (PPDT) has temporarily halted the approval of Nyando ODM sub-county branch delegates following a dispute filed in a Nairobi court.

In orders issued on March 2, 2026, the tribunal stayed the implementation of a February 24, 2026, decision by ODM’s National Elections Coordination Committee (NECC) concerning the Nyando Sub-County branch delegates list, pending the hearing and determination of the matter.

The case was lodged by Nyando MP Jared Okello, Awasi/Onjiko MCA Maurice Otieno Ngeta, nominated MCA Henrietta Atieno Bodo, and Kabonyo/Kanyagwal MCA Benny Pete Oiko.

They sued ODM, Ahero MCA Kenneth Ouma Ooko, East Kano/Wawidhi MCA Moses Odhiambo Ochele and NECC Chairperson Emily Awitta.

In their complaint, the applicants argue that the NECC, through its chairperson Emily Awitta, unlawfully took over a harmonisation process that had been assigned to a different committee by the party’s National Executive Committee (NEC).

According to court documents, the NEC meeting held on February 11, 2026, at PrideInn Hotel in Mombasa resolved that a three-member Harmonisation Sub-Committee comprising John Ketora (Chairperson), Beth Syengo, and Rahab Robi would handle the Nyando dispute over branch delegates.

The complainants state that the Nyando grassroots elections had ended in a stalemate and were declared null and void by the NECC, prompting referral to the party’s Internal Dispute Resolution Mechanism (IDRM).

The NEC later resolved that a newly constituted harmonisation team would attempt to produce a unified and agreed list of delegates and extended its term by one month.

However, the applicants claim that despite this resolution, NECC Chairperson Emily Awitta proceeded to convene what they termed a parallel harmonisation meeting on February 24, 2026, at Convent International Hotel in Nairobi.

MP Jared Okello says he had informed the party through NECC Secretary Richard Tairo that he would be out of the country between February 20 and 26, 2026, due to travel to Dubai and requested a brief adjournment of three days.

In letters dated February 23 and 24, 2026, Okello sought a postponement, arguing that as Nyando MP and a principal party to the dispute, his presence was critical to ensure fairness.

The other complainants—Maurice Otieno, Henrietta Bodo, and Benny Oiko — also wrote separately seeking clarification on which body had the lawful mandate to conduct the harmonisation exercise: the NEC-appointed Harmonisation Sub-Committee or the NECC.

They contend that their requests were ignored and that the NECC proceeded with the meeting in their absence.

The complainants argue that the February 24 meeting was conducted ex parte and culminated in the acceptance of a delegates’ list presented by Kenneth Ouma Ooko and Moses Odhiambo Ochele.

They further claim that Nyando Constituency has five wards and that only two MCAs representing Ahero and East Kano/Wawidhi were involved in the harmonisation meeting, effectively locking out representatives from Awasi/Onjiko, Kobura and Kabonyo/Kanyagwal wards.

According to the court papers, the applicants argue that this amounted to the disenfranchisement of the majority of ODM members in Nyando and violated constitutional principles on fair administrative action, fair hearing and equality before the law.

They cite Articles 47, 50 and 27 of the Constitution, and the legal principle of natural justice that no one should be a judge in their own cause, arguing that the NECC could not act as arbiter in a dispute arising from its own conduct of elections.

When the matter came up before the tribunal on March 2, 2026, Presiding Member Gad Gathu certified the application as urgent and directed that the complaint be served on all respondents.

The respondents have been granted seven days to file their responses, while the complainants have three days to file supplementary affidavits, if necessary.

The tribunal further ordered that, pending the inter partes hearing, the implementation of the NECC decision of February 24, 2026, regarding Nyando Sub-County branch delegates remains suspended.

The case will be mentioned on March 16, 2026, for further directions.