Members of Parliament elected on an independent ticket in the 2027 elections may have a recognised leader in the House, with an office funded by taxpayers, if proposals to review the Standing Orders are adopted by the House.
In a letter addressed to the Speaker of the National Assembly, Moses Wetang’ula, seen by the Nation , the independent lawmakers want an office created for their leader, just like those of the leaders of the Majority and Minority.
“The Speaker may, upon the written request of at least 10 Independent Members, recognise a caucus of Independent [MPs] for purposes of facilitating them to discharge their role in the National Assembly,” reads the letter.
The letter, signed by Kisumu East MP Shakeel Shabbir, who is the chairperson of the caucus of independent MPs, also wants Standing Order 259 (1) to be amended to include a special reserved seat for the leader of independent MPs.
“There shall be reserved seats in the Chamber of the House for the exclusive use of each of the following: Deputy Speaker, Leader of the Majority Party, Leader of the Minority Party, members with disabilities and independent Members of Parliament,” reads the letter.
The independent MPs argue that creating a special seat for them will enable the Speaker to easily identify them while in the Chamber.
Kisumu East MP Shakeel Shabbir.
Photo credit: Dennis Onsongo | Nation Media Group
The independent lawmakers also want a special seat on the Committee on Selection, which is normally tasked with placing members in committees, in order to take care of the interests of their members.
“This will ensure recognition of the Independent Members of Parliament caucus rather than include them generally in the membership as it is currently,” reads the letter.
They argue that, at the moment, they are at the mercy of the leaders of the Majority and Minority when it comes to allocation to committees.
“When independent MPs approach the Majority and Minority leaders, we are told they are not responsible for independent MPs who are not aligned to either the Majority or the Minority parties. As such, the independent MPs are left out of membership of committees; in fact, they are totally disadvantaged and ignored,” reads the letter.
According to the letter, the independent MPs are also calling for a bigger say in the composition of the powerful Public Accounts Committee (PAC), demanding a special seat reserved for them.
Currently, Standing Order 205 (4) stipulates that, in the membership of the Public Accounts Committee, parties other than parliamentary parties forming the national government shall have a majority of one.
The MPs are Mr Shabbir, Caroline Ng’elechei (Elgeyo Marakwet), Monicah Marubu (Lamu), Joshua Mbithi (Masinga), Benard Muriuki (Mbeere South), Elijah Njoroge (Gatundu North), Ronald Karauri (Kasarani), Timothy Toroitich (Marakwet West), Fatuma Mohammed (Migori), Geoffrey Mulanya (Nambale), Kitilai Ole Ntutu (Narok South) and Rahim Dawood (North Imenti).
An independent MP is one who is elected free of any political party backing and, according to the law, is required to have resigned from any political party at least three months before the polls to be eligible to vie.
But while on paper they are not supposed to associate with any political outfit, the majority of elected MPs tend to shift allegiance and associate with political parties or coalitions they either contested in during the nominations or those that have formed the government.
In Parliament, they do this in order to get placement in lucrative committees and, in return, give the ruling coalition numbers in the House when a crucial matter before the House requires an absolute majority.
In the recent past, there has been a quest to even fund independent aspirants, just as political parties get funding from the Political Parties Fund kitty.
The Parliament Buildings in Nairobi.
Photo credit: Jeff Angote | Nation Media Group
Last year, during debate on the Political Parties (Amendment) Bill, 2024, some lawmakers felt that there was a need to amend the law to allow independent aspirants to be beneficiaries of the fund.
Those who supported the proposal argued that such a move would cure discrimination that exists in the political arena when sharing the funds.
The amendments proposed by Suba South MP Caroli Omondi sought to have aspirants who vie for elective positions on an independent ticket and get at least five per cent of the total votes cast benefit from the Political Parties Fund.
Mr Omondi argued that the Constitution provides that an individual can access political office either through a political party or as an independent candidate, and that neither of the two ways is superior to the other. Hence, it is unfair to discriminate against those elected as independents when it comes to distribution of the fund.
The proposals by the independent MPs in their quest for more powers will be considered by the 13th Parliament next year.
If adopted, the new changes will take effect in the 14th Parliament for those who will be elected on an independent ticket in the August 10, 2027 elections.
