A member of Orange Democratic Movement (ODM) has moved to court to seeking to have NASA’s agreement that blocks ODM party to produce presidential candidate set aside.
Reuben Odhiambo Miya has challenged the National Super Alliance (NASA) coalition agreement that bars the Party from producing a presidential candidate in 2022.
He claims that ODM, Amani National Congress (ANC), Forum for Restoration of Democracy-Kenya (Ford-Kenya) and Wiper Democratic Movement agreement infringes on his rights as an ODM member.
Mr Idhiambo claims it limits the political rights of individuals. He wants article 10 (A) b and c of the agreement deregistered.
The petitioner Reuben Odhiambo Miya is a member of ODM party. ODM, Wiper, Amani national congress and Forum for Restoration of Democracy have been named as Respondents in the case.
According to the voter, the party leaders of the four political parties executed a coalition agreement by the name National Super Alliance (NASA) which was filed with the Registrar of Political Parties on February 22, 2017.
The coalition agreement provided that the coalition shall field a presidential candidate and a running mate. However, on April 27 the coalition nominated a presidential candidate and amended the coalition agreement.
The amended article read that the nominated presidential candidate in the a August polls shall not be eligible for another presidential nomination and that a presidential candidate shall be from a different party from that of the current Presidential candidate.
Through lawyer Marsden Osiema, the petitioner argues that the amended coalition agreement seek to curtail and restrict his political rights as a member of ODM.
According to him, ODM abdicated its duty to ensure that its member’s political rights are not infringed.
“The bar imposed on members of ODM by the renewed coalition agreement are contrary to the provisions of regulation 5 and 6 of the First schedule of the political parties Act,” he said in court documents.
The regulations 5 and 6 of the political parties Act require that every political party shall respect the rights of all personal to participate in the political process and be inclusive in all their political activities.
He wants the court to determine whether the coalition agreement that a coalition presidential candidate should be from a party other than that of the Presidential candidate in August polls violates the constitution.
Hearing to proceeds.
