'Azimio' Bill: DP Ruto wins as allies delay planned changes to ease coalition making

The Bill proposes a raft of changes to the Political Parties Act, including allowing creation of coalition parties six months to a general election, defining a political party and providing for the expulsion of errant members.

The proposed changes have been widely interpreted as part of the wider scheme by the President and Mr Odinga to clear the way for the Azimio Coalition Party, sparking stiff resistance from a majority of MPs allied to DP Ruto’s United Democratic Alliance (UDA).

During the chaotic session yesterday morning, the Bill sailed through the debate stage even after UDA-leaning MPs questioned its legality. But after the Ruto-allied MPs realised they did not have the numbers, they threw a spanner in the works.

They filibustered the whole process by introducing multiple, similar amendments to clog the process and possibly annoy their colleagues.

Uhuru, Raila allies cry foul

By yesterday morning, 17 amendments, majority of them by MPs allied to DP Ruto, had been approved by Deputy Speaker Moses Cheboi (Kuresoi North) with many others still being processed. The amendments saw Mr Cheboi defer the afternoon sitting to the next sitting of the House.

As MPs allied to the President and to Mr Odinga cried foul, those sympathetic to DP Ruto celebrated even as Mr Kimunya warned them that it was too soon.

The Bill had been lined up for the Committee Stage during the afternoon sitting, have it passed and transmitted to the Senate for concurrence. But a firm Mr Cheboi, with the backing of Standing Order 131, would hear none of the sympathetic MPs’ cries.

“The committee of the whole House that was planned for the afternoon sitting has been deferred,” Mr Cheboi ruled.

The Standing Order provides that where amendments have been proposed on a Bill that has gone through the Second Reading, which in the opinion of the Speaker require harmonisation, the Speaker may direct any member proposing an amendment to appear before the relevant committee. The House rule goes on to say that the committee shall then submit a report to the House on the result of the exercise before the committee of the whole House is convened.

The Deputy Speaker went on to direct that the Justice and Legal Affairs Committee harmonise all the suggested amendments in form of a report to be tabled in the House for consideration.

Political differences magnified

At some point, the political differences between Jubilee Party’s Kieleweke and Tangatanga groupings spilled on the floor as legislators opposed to Mr Cheboi’s directive accused him of being in the loop to delay the passage of the Bill for political reasons.

A disappointed Minority Leader John Mbadi (Suba South) questioned the powers of the Deputy Speaker to call off the sitting.

“The afternoon sitting was gazetted on the request of the Leader of Majority. As far as I am concerned, the afternoon sitting is properly constituted,” said Mr Mbadi. “It is only by leave of this House that a special sitting can be called off. We have to sit from 4pm. Two hours are enough for this House to consider the Bill with the proposed amendments.”

But Mr Cheboi stood his ground.

“There is nothing that is lost,” Mr Cheboi said. “It is only that it has been taken to another day. If you have the numbers, you will carry the day.”

Yesterday, Mr Kimunya said the Bill will be passed before the year ends.

“Some people have taken this as a victory. They are celebrating for the wrong reasons. The others have taken it as defeat. They are angry for the wrong reasons,” he said. “The Bill will be passed in good time. You can take it from me. I am reaching out to protagonists to see the import of the Bill and before the next special sitting, we will have agreed on many things.”

But even as Mr Kimunya hinted of another special sitting that will also consider the Budget Policy Statement 2021, he said it has to be done at a time the Senate is also sitting.

The debate on the Bill spilled out of the chambers into the media centre where each of the two sides claimed victory.

While the Azimio group said that the success of the Bill in the Second Reading suggests they have the numbers in the House, the UDA side was basking in a different kind of glory. While hailing Mr Cheboi for the ruling, they argued that the adjournment was part of its strategy.

“In a battle like this, it is strategy that wins,” boasted Kilifi North MP Owen Baya. “Our first strategy was to file as many amendments so that we could delay debate for as long as we wanted.”

The DP-allied team complained that the Bill was wrongly before the House for debate (Second Reading), claiming there wasn’t sufficient public participation, besides the fact that it contains provisions that are inconsistent with the constitution.

The Azimio group, on the other hand, took a swipe at Mr Cheboi for a “curious” ruling, handing their opponents time to regroup

“It was a curious ruling,” said Mr Mbadi at the press conference. “A special sitting of the House, which is enabled through a notice in the Kenya Gazette, cannot be adjourned by the Speaker but through a resolution of the House. We can do nothing as members but accept the ruling but we are ready at any time if called upon to pass this Bill.”

Mr Mbadi and Minority Whip Junet Mohamed promised to liaise with Mr Kimunya and summon another special sitting before the end of the year.

MPs Sabina Chege (Murang’a), Jeremiah Kioni (Ndaragwa) and Emmanuel Wangwe (Nabakholo) also attacked the ruling.

“We are ready to come back and pass this Bill even if it is on Christmas Day,” said Ms Chege.

Accusing the DP of sending his troops in the House to heckle, rather than debate, Mr Mohamed did not hide the fact that the bill is about Azimio la Umoja Movement. “Let DP Ruto and his men plan and prepare for the 2022 battle instead of heckling in Parliament.”

Soy MP Caleb Kositany was among the DP Ruto allied MPs with amendments to the Bill.

“We had the law and they had the numbers,” said Mr Kositany. “I don’t understand the urgency of passing this law seven month to a general election.”