The Orange Democratic Movement (ODM) is reportedly facing a legal challenge over the planned Special Delegates Convention scheduled for March 27.
A party member has questioned the legality of the notice issued on March 6, convening the meeting, as well as the eligibility of several delegates expected to attend.
In a formal complaint filed by a Nairobi-based law firm on behalf of Vincent Chepkwony, who is claiming to be a party life member, the ODM leadership has been asked to respond to a series of constitutional and procedural concerns surrounding the convention within three days.
The letter, addressed to party officials, alleges that the notice calling for the convention was issued by the Deputy Secretary General rather than the Secretary General, which the complainant claims is contrary to the provisions of the ODM constitution.
According to the complaint, Article 49(b) of the party constitution requires that the notice convening a Special Delegates Convention must be sent out by the Secretary General.
“The provisions of Article 49(b) are couched in mandatory terms, and no explanation has been given to party members as to why the notice was not issued by the Secretary General, despite the office being substantively occupied,” the lawyers said in the letter.
The complaint also raises questions about the legitimacy of delegates expected to represent the party’s youth, women, and disability leagues, claiming that the relevant elections may not have been conducted in line with the party constitution.
The lawyers argue that the current leadership of the youth league reportedly may not meet constitutional requirements, noting that membership of the league is limited to individuals aged between 18 and 35.
“In addition, most members of the Youth League leadership reportedly do not fall within the constitutional age bracket, and no elections appear to have been conducted to regularise their positions,” the letter states.
Concerns have also been raised about representation from several counties and branches where party elections are said to be pending.
According to the complaint, counties including Migori County, Kisumu County, Nairobi County and Taita Taveta County have reportedly yet to complete their internal elections, raising questions about who will nominate delegates for the convention.
Similarly, branches such as Mathare, Nyando and Uriri are reported to have pending elections despite being entitled to nominate representatives.
The complainant has also demanded that the party publish the full list of delegates expected to attend the convention to enhance transparency and accountability.
“A Special Delegates Convention is a very important event for the party, and the identities of delegates should be made public so that members know who will be representing them,” the letter states.
The complaint warns that failure to address the concerns could reportedly lead to a situation where individuals who are neither confirmed delegates nor party members participate in the convention and make binding decisions for the party.
"The Youth League, Women League and Disability League could either be denied representation or have people not meeting constitutional requirements attending the Special Delegates Convention as delegates," it states.
ODM officials had not publicly responded to the complaint by Friday evening.
"The Notice issued calling for the Special Delegates Convention is reportedly defective and irregular," it further reads.
The complainant has given a three-day ultimatum to have the issues addressed.
The Special Delegates Convention is expected to bring together senior party officials, branch leaders, and representatives from across the country to deliberate on key party matters ahead of future political activities.
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