President Wiliam Ruto is headed for yet another clash with Raila Odinga, this time over which coalition holds a majority membership in the National Assembly.
The two sides unveiled their top leadership in the two Houses yesterday as they both claimed a majority in the National Assembly, setting the stage for yet another round of disagreement between them.
In the list unveiled by Wiper leader Kalonzo Musyoka, Azimio dropped its clamour for majority in the Senate and presented a list of its minority leadership which be headed by Kilifi Senator Stewart Madzayo, who will be deputised by Kitui’s Enoch Wambua.
https://www.youtube.com/watch?v=0iT91d4puYw
Others picked are Isiolo senator Fatuma Dullo who will be the Minority Whip with first term Nairobi senator Edwin Sifuna serving as her deputy.
But in the National Assembly, both Azimio and Kenya Kwanza stuck to their positions that they hold the majority.
At a press conference held at Jaramogi Oginga Odinga Foundation offices in Nairobi, Kalonzo unveiled Ugunja MP Opiyo Wandayi as Majority Leader to be deputised by Kathiani’s Robert Mbui.
Azimio also picked Suna East MP Junet Mohamed as Majority Chief Whip to be deputised by nominated MP Sabina Chege.
But speaking in Naivasha during the final day of the Kenya Kwanza Parliamentary Group meeting, President Ruto unveiled Kikuyu MP Kimani Ichungwah as the Majority Leader with his Kilifi North counterpart Owen Baya as his deputy.
Mugirango South MP Sylvanus Osoro will be the Majority Whip in the National assembly to be deputised Naomi Waqo, according to Ruto.
In the Senate, the Majority leader will be Kericho’s Aaron Cheruiyot with Tabitah Karanja (Nakuru) as the deputy. Kakamega senator Boni Khalwale will be the Majority Whip with Stephen Lelegwe (Samburu) as his deputy.
Oversight
The President had on Friday dismissed assertion by Azimio coalition that it controlled the number in the national assembly challenging them to focus on offering oversight for his administration.
“I have heard Azimio say they have the numbers….if they could not raise a candidate for the Senate’s Speaker’s job what numbers are they talking about?,” said the president at the end of the Kenya Kwanza Parliamentary group retreat in Sawela Lodge in Naivasha.
And, yesterday, Ruto told Azimio, “Our friends on the other side will choose the minority leaders. Let’s not argue who is the minority here.”
He then taunted them,” Our friends from the other side had lost as a semblance of numbers when they could use the police, DCI, EACC, Kenya Revenue Authority and all other institutions to intimidate since the people of Kenya stopped them from using these instruments. They have taken their police since freedom has come to Kenya.”
He expressed confidence in the new team, adding that his Deputy Rigathe Gachagua would assist in the selection of chairs of other committees.
“We are sure that the team elected today to lead the Kenya Kwanza team in parliament will be making decisions that will improve the lives of Kenyans,” he said.
With the stand-off, the focus now shifts on National Assembly Speaker Moses Wetang’ula who must now settle the question through a ruling when the House next meets.
Wetang’ula’s ruling could suck in the President, who, through a series of public pronouncements, has decided to inject himself in the matter.
In making the ruling, he will be guided by the Constitution, the Political Parties Act and all other relevant laws; and the Standing Orders.
Before the National Assembly adjourned for the August election, it amended its Standing Orders to include a proviso that before swearing in members of a new Parliament, the clerk will have to be guided by a coalition agreement signed by political parties before a general election.
The amended Standing Orders of the National Assembly compels the Clerk of the House to obtain a copy of the coalition agreements from the office of the Registrar of Political parties before swearing in members in the first sitting of a new Parliament.
Section 2B of the rules provide that: “The Clerk shall obtain from the Registrar of Political Parties (RPP) a certified copy of any coalition agreement entered into by two or more parties in the National Assembly for purposes of ascertaining the relative majorities in the House and facilitating the transaction of the business of the House.”
The requirement was to guide the clerk to determine who was to sit where in the House before the start of the business.
Acting Clerk of National Assembly Serah Kioko wrote to the RPP Anne Nderitu on September 2 seeking the information about the coalitions. The registrar responded to her letter on September 7, just a day before first sitting of the 8th Parliament.
Nderitu pointed out that the United Democratic Movement (UDM), Pamoja African Alliance (PAA), Devolution Empowerment Party, Maendeleo Chap Chap (MCC), Movement for Growth and Democracy and Muungano Party, all of which have declared their allegiance to Ruto since he was declared the President-elect, were still part of the Azimio Coalition even though inside Parliament they are identifying with the Kenya Kwanza Coalition.
According to the letter, UDM, PAA, MCC and MDG have filed applications in the High Court challenging their membership in Azimio but their cases are yet to be determined.
UDM has three senators and 7 MPs, PAA has two MPs the same as MCC, while MDG has only one MP, numbers that have helped shore up Kenya Kwanza strength in the House.
Despite having signed agreements with the President, the political parties are yet to file returns with the Office of the Registrar and therefore their legality cannot be vouched for.
It is not clear, but there is little doubt that Kioko must have passed this crucial information to Moses Wetangula upon his election as speaker of the House as is required by law. If she did not it will remain a critical document on which Wetangula’s reasoning will be pegged on as it will provide a vital tool if he will be forced to make a ruling on the matter that has divided opinion.
Politicians’ infedelity
Yesterday, Registrar of Political Parties Anne Nderitu stuck to her position that no political party can belong to two coalitions at any particular moment.
While she did not delve into the details, a document she presented to the National Assembly provided a detailed analysis in which coalition every political party that have signed a coalition agreement belong.
Nderitu said she had only read of the new alliances in the newspaper but cannot vouch for them as they are yet to be filed with her office as required by law.
“One thing that we shall focus on is whether any political party that has signed the agreement to disengage from its earlier coalition following the laid down procedures,” she said, adding that anything less will amount to abuse of the law.
The state of confusion is further compounded by the fact that Senate speaker, Amason Kingi belongs to PAA which has not yet legally disengaged from Azimio although he bagged the seat after his party entered into a pre-election agreement with Kenya Kwanza.
[Additional reporting by Antony Gitonga]
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