The National Assembly is to hold another special sitting on Wednesday next week to conclude the debate on the controversial Political Parties (Amendment) Bill, 2021.
The Nation has learnt that the House leadership has written to Speaker Justin Muturi asking him to summon the sitting that effectively sets the stage for a renewed showdown pitting MPs loyal to President Uhuru Kenyatta and ODM leader Raila Odinga on one hand, and Deputy President William Ruto on the other.
Apart from the Bill, the sitting will also offer MPs the opportunity to debate and adopt the report of the Budget and Appropriations Committee on the 2022 Budget Policy Statement (BPS), a key tool in budget making.
In a notice in the Kenya gazette, Speaker Muturi says the special siting will be held starting 10am morning.
The chairman of the committee on Justice and Legal Affairs Muturi Kigano will table a report of on the harmonisation of amendments proposed by MPs on the Bill before the House settles down to consider the amendments in the committee of the whole.
Through the notice, Mr Muturi has directed MPs who have proposed amendments to the Bill to attend the meetings of the committee on Tuesday, December 28, 2021, for purposes of harmonisation of the amendments.
“The House may hold evening sitting on the prescribed date, for purposes of concluding any business scheduled for consideration herein,” Mr Muturi says in the notice.
Minority Whip Junet Mohamed confirmed that the House will meet on December 29 and expressed optimism that the Bill will be passed to pave way for the presidential assent before the end of the year.
“We have called for another special sitting because we are determined to have the Bill passed and become law before the end of the year,” said Mr Mohamed, noting that the procedural hitch that saw Deputy Speaker Moses Cheboi surprisingly adjourn the sitting on Wednesday was a temporary setback to their cause.
Majority Whip Emmanuel Wangwe also confirmed that the sitting will be held on Wednesday and assured their supporters of a New Year’s gift in the passage of the Bill that will pave the way for formation of corporate political parties.
“We are ready to give our supporters a new year’s gift as we shall pass the Bill when we go back on Wednesday,” Mr Wangwe said.
President Kenyatta and Mr Odinga’s camp had planned to pass the Bill on Wednesday as part of the scheme towards the realisation of the Azimio la Umoja Movement that Mr Odinga formed on December 10 at the Moi International Sports Centre, Kasarani.
Mr Odinga has already declared interest in the 2022 presidential race and the movement is seen as the umbrella for all political parties that support the bid.
However, the plan to have the Bill endorsed was frustrated by Tanga Tanga MPs who filibustered, derailing debate and introducing multiple and similar amendments that clogged the process, forcing Mr Cheboi to order the Committee on Justice and Legal Affairs to harmonise the amendments.
The Bill has already gone through the second reading and MPs will delve into amendments when the House resumes on Wednesday.
At least 10 Tanga Tanga filed amendments were not only similar, but some were so elaborate that they will ordinarily require a Bill of their own.
Besides the amendment proposed by the committee, which has ceded to concern raised on the timing of entering into a coalition, the Tanga Tanga MPs who have amendments are Alice Wahome (Kandara), Owen Baya (Kilifi North), Didmus Barasa (Kimilili), Aden Duale (Garissa Township), Kimani Ichung’wah (Kikuyu), John Kiarie (Dagoretti South), Caleb Kositany (Soy) and Daniel Tuitoek (Mogotio).
One of the contentious amendments that is clearly meant to filibuster is one that seeks to kill the Office of the Registrar of Political Parties (ORPP).
The amendment brought by Mr Ichung’wah, Mr Kiarie and Mr Baya seeks to establish the Political Parties Registration Board, which will execute the functions of the ORPP as currently happens.
The three did not jointly sponsor one amendment, but chose to submit different amendment even though similar in tone.
The three lawmakers propose the board to have power to register, regulate, monitor, investigate and supervise political parties to ensure compliance with the law, a mandate vested in the ORPP.
This amendment is clearly meant to delay the passage of the Bill as the ORPP is created in article 260 of the Constitution and proposed changes amount to amending the Constitution through an ordinary legislation.
Amendments by both Mr Ichung’wah and Mr Baya were too elaborate that they will require an independent Bill.
Mr Ichung’wah, Mr Barasa and Mr Silvanus Osoro (South Mugirango) also filed amendments to have coalitions formed at least 60 days before a General Election.
The three MPs are also pushing to have that a political party will, before expelling a member, notify the member, in writing of the provisions allegedly contravened and the particulars of any conduct related to the contravention.
They also want a member informed by the party of their right to appear and be heard before the relevant organ of the party either in person or through a legal representative and that the member be afforded an opportunity to be heard within a period of not less than 90 days from the date of the notice.
Mr Duale wants the proposed definition of a political party deleted, saying it will give room for NGOs to operate as political parties.
“A broad definition of a political party means public policy advocacy NGOs become political parties. This is a concern,” said Mr Duale.
The Garissa Township MP also wants party nominations limited to elections by members or by delegates, noting that the concept of direct nomination as proposed in the Bill takes a new meaning.
