MPs are expected to debate a proposed law that seeks to compel the Registrar of Political Parties (RPP) to inform and convey to parliament any political parties’ coalition agreements deposited in her office.
The Political Parties (Amendment) Bill 2022 by Uasin Gishu Woman Representative Gladys Boss, seeks to amend section 10 of the principal Act to introduce the new requirement.
If it becomes law, the RPP shall when conveying any coalition agreement to parliament, indicate the date on which it was deposited in her office.
“The registrar shall within 15 days of receipt of a coalition agreement deposited in his or her office, convey a certified copy of the agreement to the Clerk of each House of parliament,” the proposed new section of the Political Parties Act, reads.
The Bill, currently before the National Assembly, seeks to implement the resolutions made by the 12th parliament in the approval of the fifth report of the National Assembly’s Committee on Procedure and House Rules.
The Political Parties Act is couched such that two or more political parties may form a coalition or a coalition political party before or after an election and shall deposit the coalition agreement with the RPP.
A coalition agreement entered into before an election shall be deposited with the registrar at least three months before that election.
In the case of a coalition political party, the submission of the coalition agreement shall be done at least 120 days before a general election.
A coalition agreement entered into after an election shall be deposited with the registrar within 21 days of the signing of the agreement.
Currently, Standing Order 2B of the National Assembly Standing Orders, stipulates that the Clerk of the House shall obtain from the RPP a certified copy of any coalition agreement entered into by two or more parties in the National Assembly.
This is for purposes of ascertaining the relative majorities in the House and facilitating the transaction of the business of the House.
However, Ms Boss says that this is not enough especially after the bitter push and pull between Azimio and Kenya Kwanza ahead of the inauguration of the 13th parliament after the August 9, 2022 general election, forcing National Assembly Speaker Moses Wetang’ula to step in to determine the majority coalition.
“The Registrar shall within seven days of the commencement of this Act, convey a certified copy of any coalition agreement entered into and deposited with the registrar before the requirement came into force,” the Bill reads.
Ms Boss says that having the agreements in parliament will be useful in the determination of questions on the entitlement of parties and coalitions that are tied to their number of MPs in each House.
The entitlements of the political parties or party coalitions in parliament include the leaders of majority, their deputies, majority whips and their deputies, their minority counterparts as well as the distribution of members in the committees of the two Houses.
The party or coalition of parties with the highest number of MPs in the two Houses are entitled to majority leadership and majority whips as well as enhanced membership in the committees of parliament.
The party or coalition of parties with the second highest number of MPs in the two Houses gets the minority leadership and minority whips and fewer members in committees compared to the party or coalition of parties with the highest MPs.
Standing Orders of the two Houses provide that any member may chair a departmental committee for the case of the National Assembly and Standing Committees in the case of Senate.
The Departmental and Standing Committees oversee government Ministries, Departments and Agencies (MDAs) that fall under their mandate.
The Standing Orders are however specific that only the party or coalition of parties with the second highest MPs shall chair watchdog committees.
For instance, the party or coalition of parties with the second highest MPs produces the chairs of Public Accounts Committee (PAC), Public Investments related committees (PICs) and the Committee on Implementation (CoI), Decentralized Funds Accounts Committee.
The House Rules provide that members of the Special Fund Accounts Committee (SFAC) shall elect a Chairperson and Vice-Chairperson from independent members nominated to the committee. In the absence of independent members, the SFAC chairperson and vice chairperson shall be drawn from the members of a party other than the party forming the national government.
In the Senate, the minority side chairs the County Public Accounts Committee (CPAC) and County Public Investments and Special Funds Committee (CPI&SFC).
In his ruling of October 6, 2022, Speaker Wetang’ula determined Kenya Kwanza the majority coalition with 179 MPs in the 349-member House and Azimio coalition the minority party with 157 MPs.
Standing Order 19A of the National Assembly, provides that when electing the leader of the majority, and minority parties and their deputies, the parties in the House shall take into account any existing coalition agreement entered into in line with the Political Parties Act and the need for gender balance.
The whips of the respective parties or coalitions shall then communicate the names of the individuals elected as majority and minority leaders and the deputies to the Speaker in writing on behalf of their parties.
The Speaker shall, as soon as practicable following receipt of the names, convey the information to the assembled House, if the House is sitting, or notify members, if the House is on recess and therefore, not sitting.
