In an attempt to armtwist the ODM party into nominating him ,embattled Umoja 2 MCA ,Joseph Ndonji now wants John Mbadi committed to civil jail for a period six months in a nomination dispute pitting him against a former Umoinner tout.
Under a Certificate of urgency, Ndonji who emerged a distant sixth has petitioned the Political Parties Dispute Tribunal to jail Mbadi for allegedly forwarding Shadrach Machanje's name,a move which he says is contemptuous of Court.
"That this tribunal be pleased to cite John Mbadi for contempt of court and he committed to civil jail for a period of 6,months and or be fined ",his application read
Ndonji says that the Party officials went ahead and forwarded Machanje's name to the IEBC but didn't produce evidence to support his claim.
However,in a strongly worded affidavit submitted in Court , ODM'S National Elections Board Chairperson, Catherine Mumma told the Tribunal that the nomination of candidates is a preserve of NEB and that the PPDT should support the party position.
"Nomination of candidates by the ODM party is a preserve of the National Elections Board and the Tribunal is accordingly invited to substitute any decisions of the party with it's own. Consequently the tribunal has no power to determine the Party's candidate for Member of County Assembly Umoja 2Ward and any decision to that effect amounts to usurping the powers of the Party,"Mumma insisted.
Mumma further stated that ODM has not settled on any candidate but added that the National Elections Board is trying to resolve the dispute amicably by building consensus among the candidates.
She submitted that Ndonji who has been on the warpath with the Party has not adduced any evidence to show that that ODM has settled on a candidate.
Mumma has accused Ndonji of using the tribunal to nominate as the party's candidate for MCA Umoja 2 Ward a move which she says amounts to the PPDT upsurping the party's autonomy.
"The application before this Court is not merited and is only meant to compel the tribunal to nominate the applicant as the 2nd respondent's candidate.The Court should not accept such a invitation that will result in usurpation of the Party's autonomy,"she stated.
In the dispute which has been pending in Court for a month, Ndonji wants the Party compelled to hand him over the nomination Certificate despite coming in a distant 6th during Party primaries.
The Umoja 2 Residents Association is watching the case closely as the row poses a dilemma between political parties and the tribunal.ODM has in the past argued that they have a right to nominate a candidate of their choice and that the PPDT should not micromanage party affairs.
Machanje has not known peace since being handed a direct nomination.Ndonji subsequently obtained Court orders barring ODM from forwarding his name to the IEBC.
Among the orders he is seeking is for the tribunal to have him declared as the Party's nominee.
ODM party also submitted that it didn't act in contempt of Court since Mbadi (NEB)Chair person was acting in accordance with the Party rules and the Constitution of Kenya.
"Should the NEB conduct an illegality to a achieve a legality.In law the end justifying the means does not hold.The non action on the part of the chairperson was for the purpose of adhering to the Political Parties Act.it will therefore be a gross injustice to hold the Chairperson in contempt because he had very limited options"Odm submitted.
The tribunal will rule on the matter tomorrow morning. Ndonji who was charged with assaulting a pastor also wants the tribunal to issue an order directing the IEBC to nullify the gazzettement of Machanje's name at the party's nominee for Umoja 2 ward .
Despite ruling that it had no jurisdiction to entertain nomination disputes in a separate case the PPDT decline to set aside it's orders directing ODM not to forward Machanje's name to the IEBC.
The Tribunal had directed the ODM Central Committee to resolve the stalemate.