NAIROBI, Kenya, Oct 4 – Legislators traded barbs Tuesday afternoon over who was the bonafide Majority Leader in the National Assembly between the Azimio La Umoja One Kenya and the Kenya Kwanza Alliance.
This is after Speaker of the National Assembly Moses Wetangula defered giving a ruling on the matter that has caused a fierce tussle in the house so as to allow lawmakers ventilate on the issue before he retreats to make a ruling.
The contention is whether Azimio La Umoja – One Kenya Coalition is a coalition party or a coalition of parties having no single legislator elected on the party ticket.
Kikuyu MP Kimani Ichungwa, the proposed Majority Leader from Kenya Kwanza Alliance held that Azimio La Umoja One Kenya is not a parliamentary party having failed to obtain 5 percent threshold of legislators.
Ichungwa argued that according to section 19 (a) and 20 of the Standing Orders, Azimio La Umoja cant purport to propose the names of the majority leader or the minority leader.
“The question of the majority is easy because it is all about the numbers by just calculating the number of parliamentary political parties,” said Ichungwa.
“That means that ODM with slightly above 80 Mps is then the second largest political party after the Kenya Kwanza Coalition. That is what we created in the mess of the Political Parties Act of 2021,”he added.
In a quick rejoinder, Azimio La Umoja One Kenya MPs from constituent parties insisted that they are both a coalition party and a coalition of parties.
Therefore according to the records deposited at the Registrar of Political Parties they are the legitimate coalition that holds the majority in the National Assembly.
“Upon the convening of the 13th Parliament and upon the determination by the clerk of the National Assembly of the status of various coalitions from the registrar of political parties,” said Ugunja MP Opiyo Wandayi, Azimio’s proposed majority leader
“The speaker is indeed required to simply convey the same of the house. Any other thing is mere hot air,” he added.
South Mugirango MP Sylvanus Osoro, the proposed majority whip from Kenya Kwanza Alliance(KKA) argued that Article 38 of the constitution permits freedom of association and therefore political parties that signed post election coalition agreement to join KKA can’t be held back.
“A contractual agreement entered through coercion and threat is a nullity and you cannot validate it. Any law that contravenes the constitution is null and void ,”Osoro stated.
Suna East MP Junet Mohammed the proposed majority whip from Azimio La Umoja, maintained that the Political Parties Act of 2021 has guided the house accordingly on the question on when a political party can’t exit a coalition agreement.
“If they knew they can walk in and walk out as they want why they are going to court. The fact is that this country must be governed by the rule of law,” said Mohammed.
Nominated MP John Mbadi pointed out that the argument that Azimio La Umoja is not a parliamentary political party is a misinterpretation of fact aimed at misleading the house.
“The reasoning that there is no member in the house who is from Azimio is faulty. You can’t stop one from going to bed with another but you can stop another marriage until the other one is dissolved,” Mbadi stated.
Garissa Township MP Aden Duale dismissed the remarks saying Azimio La Umoja can’t be recognized as a political party or a coalition of parties in the National Assembly.
“Raila Odinga was the only candidate in the Azimio coalition party there are no MPs, Senators or MCAs,”said Duale.
Speaker’s Wetangula ruling on the matter will set the ball rolling on crucial activities in the house including the formation of the House Business Committee (HBC).
The House Business Committee formulates activities and business of the August house by implementing the Standing Orders which will determine the scheduling or programming of the business of the House and the functioning of the Committees of the House.
The ruling of the Speaker is critical in the formation of the HBC as it comprises the Speaker, the Majority Leader, the Minority Leader, and not less than 21 or more than 29 members nominated by parliamentary parties approved by the House.
According to the standing orders the committee is formed within seven days from the day Parliament opens.
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