Embakasi East MP Babu Owino has stepped into the growing storm within the Orange Democratic Movement (ODM), warning that the party’s constitution does not allow the National Executive Committee (NEC) to elect or replace a party leader, amid simmering succession debates.
In a statement issued on Saturday, Owino cited specific provisions of the ODM constitution, arguing that only the National Delegates Convention (NDC) has the authority to elect national officials, including the party leader. His remarks come as internal wrangles intensify following the death of ODM leader Raila Odinga, triggering uncertainty and competing interpretations of succession procedures.
“According to the ODM Constitution, all national officials are elected by the NDC, except the Secretaries for Parliamentary Affairs and the Executive Director,” Owino said. “The NEC does not have the mandate to elect a party leader.”
Owino explained that the NEC’s powers are limited and largely administrative. He noted that while the committee can appoint the Executive Director as an ex-officio party official, it cannot elevate itself into an electoral body.
“The NEC can only replace a vacancy within its own membership if such a vacancy arises before the next NDC,” he said. “Even then, that replacement is temporary and must be ratified by the NDC.”
The Embakasi East legislator was categorical that any attempt by the NEC to name or endorse a new party leader would be unconstitutional. He stressed that the replacement of a party leader can only occur through a formal NDC process, overseen by the National Elections Board.
“Those wishing to be nominated as party leader must first apply to the National Elections Board in the prescribed form. NEC cannot elect a party leader,” Owino said.
His statement lands at a delicate moment for ODM, which is grappling with leadership realignments and factional manoeuvring in the wake of Odinga’s death. In recent days, sections of the party have floated names and proposed interim arrangements, prompting fears of a constitutional crisis within the country’s largest opposition party.
Party insiders say the absence of a clear roadmap has exposed deep divisions between leaders pushing for swift consolidation of power and those insisting on strict adherence to party rules.
Political analysts view Owino’s intervention as both a legal warning and a political signal, aimed at preventing what he termed a “procedural shortcut” that could fracture the party.
“ODM has survived because of structures, not personalities,” Owino said. “If we abandon the constitution at our most difficult moment, we risk destroying the very foundation of the party.”
The party has yet to issue an official response to Owino’s statement, but senior officials privately acknowledge that pressure is mounting to convene the NDC and settle the leadership question conclusively.
As the debate rages, ODM supporters and affiliates are watching closely, aware that how the party handles this transition could determine its unity, credibility and relevance ahead of the next electoral cycle.
