Embattled Umoja 2 Ward MCA, Joseph Ndonji has launched a scathing attack on the Party that took him to City hall and accused ODM of being the most undemocratic political outfit in a protracted legal battle between him and a former tout.
The party is said to be closely following the nomination dispute which presents a modern day Goliath and David scenario where the monied incumbent MCA Ndonji is fighting tooth and nail to wrest the nomination certificate from a broke Shadrach Machanje ,a tout of the popular Umoinner sacco in Eastlands.
Azimio Presidential Candidate Raila Odinga is said to be hugely concerned with the dispute where Ndonji has gone to Court 4 times to the extent of seeking the imprisonment of some Top ODM officials for alleged Contempt of Court
In Court proceedings before the Political Party Dispute Resolution Tribunal, Ndonji is for the second time asking the Court to commit John Mbadi and Catheterine Mumma to civil jail after the ODM Central Committee handed over a direct nomination to an Umoinner tout , Shadrach Machanje.
“We are here for the umpteeth time for the shambolic manner in which the ODM party exercised it’s mandate.The ODM party is well aware of this orders.The chairman John Mbadi having failed to convene a meeting ought to be punished,”Ndonji lawyers argued .
In a bizzare twist, Ndonji wants the tribunal to make an order that he is duly nominated Umoja 2 MCA ward for the up coming August polls despite the party throwing him under the bus.
“That the order if this tribunal be admitted by IEBC as a nomination certificate,”Ndonji stated.
However the party in an affidavit sworn by Catherine Muuma ,the Party’s National Election Board Chairperson haa put up a spirited fight accusing Ndonji of trying to manipulate the Tribunal into forcing the party to nominate him.
In the preliminary objection,Mumma stated that PPDT lacks the jurisdiction to hear the dispute .
“The ODM National Elections Board has the mandate to plan ,organize direct and conduct all party primarie. The application before you is frivolous and lacks merit,”Mumma stated.
Mumma told the Tribunal that that in compliance with a Court order, Mbadi convened the central committee where it nominated Machanje as it’s preferred candidate.
“The application here is premised on a deliberate misinterpretation designed to to compel the tribunal to nominate Ndonji as the Party’s flag bearer.This tribunal should not accept such a sneaky attempt at circumventing nomination procedure .Only the party has the sole discretion of determining who will fly it’s flag in the elections pursuant to the rules of the party,”Mumma stated.
Muumma further accused Ndonji of trying to hold the Party hostage,
“This Tribunal and the respondents at large cannot be held hostage by the complainant simply because he is dissatisfied with the decision of the Central committee.The long and shot of this application is that Ndonji is trying to compel the Party through this Tribunal to nominate him.The Tribunal should not accept such as doing so would be upsurping thr powers of the Party,she stated.
The tribunal is expected to issue it’s final determination on Monday evening.
At the same time Ndonji has also moved to the IEBC Dispute Resolution Committee to have Machanje’s nomination nullified.
The Embakasi West MP George Theuri in collusion with Ndonji reportedly vowed that ODM will not have an MCA Candidate in the long running legal battle that has been pending in Court for close to 2 months.
