The Azimio leadership in the National Assembly has faulted Speaker Moses Wetang'ula's move to recognise former President Uhuru Kenyatta's Jubilee Party as a parliamentary party, saying it is a violation of the Constitution.
In a protest letter to Speaker Wetang'ula seen by the Nation , Opiyo Wandayi, the Leader of the Minority in the House, said the decision was sub-judice as it touches on a matter before the courts.
“It is our view that any attempt to recognise the Jubilee Party as a parliamentary party, under the present circumstances, is not only ill-advised but also a brazen contravention of the Constitution and the law,” Mr Wandayi said in the October 26, 2023 letter.
The day before Mr Wandayi's protest letter, Speaker Wetang'ula recognised the Jubilee Party as a parliamentary party and on his own motion appointed nominated MP Sabina Chege as the party's whip in the House after she was removed as deputy minority whip.
The Speaker also extended unspecified privileges to Ms Chege, an administrative function reserved for the Parliamentary Service Commission (PSC), which had not met at the time of the communication to sanction such privileges.
The Standing Orders of the National Assembly provide that the Speaker shall recognise as a parliamentary party any party or coalition of parties comprising not less than five per cent of the membership of the National Assembly.
But even as the Speaker made the move, records at the Registrar of Political Parties show that the Jubilee Party is still a member of the Azimio coalition formed ahead of the August 9, 2022 General Election.
Therefore, according to Mr Wandayi, Article 108 of the Constitution, “read together with Standing Order 20A,” does not contemplate a situation where a political party can be part of a coalition and at the same time enjoy the status of an independent parliamentary party in the National Assembly.
However, the former president's party has been embroiled in leadership wrangles in the aftermath of the 2022 general elections, resulting in the formation of two factions led by immediate former MPs Jeremiah Kioni (Ndaragua) and Kanini Kega (Kieni).
The Kega faction, which wants the Jubilee Party out of Azimio following a petition to the Registrar of Political Parties (RPP), was granted orders by the Political Parties Dispute Tribunal (PPDT) as the duly mandated officials of the party, effectively dislodging the Kioni group from the leadership of the party.
But the orders were immediately stayed by the High Court following an appeal by the Kioni group. With the leadership of the Jubilee Party still in dispute in court, this means that the Registrar of Political Parties cannot decide whether the party should sever its ties with Azimio.
On Thursday, Mr Wandayi stopped short of accusing Speaker Wetang’ula of rushing and pronouncing himself on the matter “seized” by the court.
“We respectfully disagree with this decision. To underscore our position on the status of the Jubilee Party in the National Assembly, I wish to address you on matters of fact and law,” the Ugunja MP said.
“We hope that you will find it necessary to review your decision that is an affront to the rule of law and multiparty democracy."
Multiparty democracy, among other issues, forced President William Ruto to the negotiating table with Mr Odinga as part of the National Dialogue Committee (NDCO), which has already recommended strengthening the Political Parties Act to ensure political discipline among parties.
The Political Parties Act 2011 provides for the registration and administration of political parties.
Section 10 of the Act provides that two or more political parties may form a coalition political party before or after an election and deposit the coalition agreement with the Registrar of Political Parties.
The Act also provides that a coalition agreement entered into before an election must be deposited with the Registrar at least three months before a general election.
In the case of a coalition political party, the coalition political party must file the coalition agreement at least 120 days before a general election.
The Azimio One Kenya Coalition Party was registered as a coalition party with "known constituent parties", including the Jubilee Party.
An elaborate procedure for a constituent political party to withdraw from the Azimio Coalition is clearly provided for in Article 22 of the Azimio La Umoja-One Kenya Coalition Deed of Agreement, duly deposited with the Office of the Registrar of Political Parties.
