Kenya Kwanza, Azimo await Wetangula’s ‘Solomonic’ ruling on who is majority
All eyes will this afternoon be on the National Assembly where Speaker Moses Wetangula is expected to give a landmark ruling on the controversy surrounding the leader of the Majority and Minority.
Both President William Ruto’s Kenya kwanza’s side and that of Raila Odinga’s Azimio la Umoja One Kenya have laid claim to being the majority side in the House. The question is whether the ruling will be based on a coalition of parties or the largest party in the House.
For Wetangula, a Kenya Kwanza affiliate, this will be his first order of business and a litmus test in setting the mood for the House going forward.
Azimio has 173 MPs over Kenya Kwanza’s 164 as per the pre-election deals and part signed and deposited with the registrar of political parties. There are 12 independent MPs.
Already Alfred Mutua’s Maendeleo Chap (MCC), Senate Speaker Amason Kingi’s Pamoja African Alliance (PAA), Ugenya MP David Ochieng’s Movement for Democracy and Growth (MDG), Senator Ali Roba’s United Democratic Alliance (UDM) have ditched Azimio for Ruto’s Kenya Kwanza.
Article 108 of the Constitution, states: “There shall be a leader of the majority party and a leader of the minority party. The leader of the majority party shall be the person who is the leader in the National Assembly of the largest party or coalition of parties.”
It adds, “The leader of the minority party shall be the person who is the leader in the National Assembly of the second largest party or coalition of parties.”
The constitution read alongside the National Assembly Sixth Edition of the Standing Orders no 19 gives clarity to the choice of the majority and minority leadership.
Part five of the Standing Orders states: “Pursuant to Article 108 of the Constitution, there shall be a leader of the Majority Party in the National Assembly of the largest party and leader of the minority party. The leader of the Majority party shall be the person who is the leader in the National Assembly of the largest party or coalition of parties.”
The leader of the minority, as per the Standing orders shall be the person who is represents the second largest party or coalition of parties.
In terms of coalitions, Azimio carries the day against Kenya Kwanza, but if its parliamentary parties, UDA will be the Majority Party followed by ODM with138 and 85 respectively.
In terms of order of precedence, the law provides that in the National Assembly, its the Speaker of the National Assembly, the leader of the majority party and the leader of the minority party in the leadership.
Azimio’s Majority deputy whip designates and nominated MP Sabina Chege exudes confidence that Wetangula will rule in the favour of Azimio to be the Majority.
“The registrar of political parties has already written to parliament. It’s true some of our coalition members have moved on but what is legal and on paper cannot change,” says Chege.
She adds, “They will have to wait for a month or two for the divorce to be legal. For now, we treat it as separation as they await the timelines they signed against. The beauty of Azimio is that it’s a coalition with several political parties, which includes Azimio party, ODM, jubilee, Wiper, Kanu, and twenty more parties.”
The 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 stipulates: “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.”
Acting Clerk of National Assembly Serah Kioko wrote to the RPP Anne Nderitu on September 2 seeking information about the coalitions.
The registrar of political parties Ann Nderitu responded on September 7, just a day before the Special sitting of the 13th Parliament to swear in the elected members and elect the speakers of the bicameral House.
The Azimio deal deposited with Nderitu states that a member who wishes to leave can only do so after giving a 90-day notice to the Coalition Council, which will be the second-highest organ of the coalition party.
“No party may withdraw from the coalition six months before the August 2022 General Election or within three months after the date of the said General Election,” the agreement states in Article 22 under the heading ‘Withdrawal of Parties’.
The deal was signed by retired President Uhuru Kenyatta, Mr Odinga and Wiper leader Kalonzo Musyoka, representing Jubilee and its affiliates of more than 15 parties, ODM and One Kenya Alliance respectively.
The deal also provides that only the presidential candidate and his running mate will run on the Azimio coalition party ticket, while the rest will contest on the respective constituent party platforms.
Ruto named Kikuyu MP Kimani Ichung’wa as the Majority leader to deputised by his Kilifi North counterpart Owen Baya, while Raila named
Ugunja MP Opiyo Wandayi is the Azimio majority leader and Kathiani MP Robert Mbui is his deputy.
The president while attending the inaugural Kenya Kwanza Parliamentary Group (PG) in Naivasha last month maintained that his coalition commands the majority in the National Assembly and Senate. Kenya Kwanza settled on South Mugirango MP Silvanus Osoro as Majority whip to be deputized by Marsabit Woman Representative Naomi Waqo while Azimio also picked Suna East MP Junet Mohamed as
Majority Chief Whip to be deputised by nominated MP Sabina Chege.
F“I have heard them (Azimio) try to say they have some numbers. If you cannot even raise a candidate for the Speaker of the Senate what numbers do you really have?” Posed Ruto at the PG meeting.
Azimio’s presidential running mate Martha Karua has also claimed the majority slot, arguing that they deserve to lead the House business as the pre-election deal.
Baya argues that the Azimio as an opposition cannot claim the majority leadership.
“Majority and Minority leadership goes beyond number. There is the execution of government business. This is the role of the government side. How will they sponsor government Bills, regulations, and policies?” He questioned.
He continues, “It is not about leaders’ sittings on the opposite side, its bout roles assigned to the government side. The speaker must consider this. They are supposed to oversight through Public Accounts Committee (PAC) and Public Investment Committee (PIC).”
The Deputy Majority designates warns, “You cannot have your cake and eat it. Already Azimio is jostling for the oversight committee and still want critical government committees. It cannot work.”
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