Isaack’s declaration that ODM must go against the ‘big fish’ first exposes his bias and rusty legal reasoning. Coming soon after Isaack’s childhood friend Aden Duale’s press conference ‘condemning’ ODM for the action, many knew that Isaac had been recruited into the factional war within ODM. Section 17(4) of the Political Parties Act, 2007 provides that a person who, while a member of a political party (a) forms another political party; (b) joins in the formation of another political party; (c) joins another political party; or (d) in any way or manner publicly advocates for the formation of another political party, shall be deemed to have resigned from the previous political party. Article 103(1)(e) of the Constitution provides that the office of a Member of Parliament becomes vacant… “If having been elected to Parliament as a member of a Political Party, the Member resigns from that party or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in Clause (2).” Section 7 of the Sixth Schedule of the Constitution provides that all law in force immediately before the effective date continues to be in force and shall be construed with alterations, adoptions, qualifications and exceptions necessary to bring it into conformity with the Constitution. Doesn’t Isaack understand such basic law? Or is he lobbying for ‘political accommodation’ after realizing that he isn’t qualified to be the chairperson of the IEBC?
Posted on: Wed, 17 Jul 2013 06:00:47 +0000
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