The expulsion of five nominated senators allied to Deputy President William Ruto has stalled because their potential replacements will upset regional balance and inflame a furious row in Jubilee over a contentious county cash plan.
Following the trial of the Senators accused of snubbing President Uhuru Kenyatta’s meeting, an adverse report has been ready for three months, but the ruling party appears to have abandoned the urgency to conclude the disciplinary process.
The party’s National Disciplinary Committee reportedly recommended the expulsion of Millicent Omanga, Mary Seneta, Falhada Dekow, Naomi Waqo, and Victor Prengei, but the National Executive Committee (NEC) is yet to meet to consider the recommendations from the hearings concluded in May.
Officially, party bosses say they are yet to secure an appointment with the party leader, President Kenyatta, but the Nation has learnt the delay is informed by potential for serious political backlash especially given NEC’s verdict is final.
A major concern is that were NEC to sanction their expulsion, the party will have to draw replacements from a closed party list filed with the electoral commission which would see two new nominees from Murang’a, and one each from Machakos, Nakuru and Coast.
These are Caroline Daudi (Machakos), Veronica Maina (Murang’a), Franciscar Jelagat (Nakuru), Beatrice Gambo (Coast) and Peris Wambui (Murang’a) if they were to be picked according to priority.
If this were to happen, it would further infuriate the marginalised communities that are already on the warpath over a State-sponsored county revenue formula they say benefits populous counties at the expense of expansive regions.
Omanga (Kisii), Seneta (Kajiado), Falhada (Garissa) and Waqo (Marsabit) are from county delegations that voted against a proposed amendment by Senate Majority Whip Irungu Kang’ata which was defeated 25-22 on July 28.
Although Prengei was nominated under Nakuru to represent the youth, the lawyer is from the Ogiek community, and the only other name under the youth category on the IEBC list is that of Wambui.
With Beth Mugo and Isaac Mwaura among 10 Jubilee nominated senators, any changes that would add Wambui and Maina to the list, as well as Daudi and Jelagat — Bomet’s Alice Chepkorir is also a nominated Senator — would embolden those accusing the Mr Kenyatta’s Administration of favouring two major communities in appointments.
Apparently the President’s Jubilee wing is alive to the political backlash that would ensue from the ejection of Prengei (Ogiek), Falhada (Somali), Waqo (Borana), Seneta (Maasai) and Omanga (Kisii) especially given the fallout from the county revenue formula.
If Jubilee were to consider names further down the party list, it would pick from Mary Adhiambo (Homa Bay), Judith Kerubo (Kisii), Hadija Dida (Isiolo) and Linet Mirihane (Kajiado) still at the risk of courting legal battles (from those bypassed) and stoking community/clan feuds especially from Somali and Borana who would lose.
It would appear given these political sensitivities, the party is not in a hurry to convene a NEC, which would either uphold the committee’s recommendation to expel or set it aside — but is keen to have the threat of expulsion hang over the Senators’ heads.
In any case, the expulsion would open a protracted legal battle — Ruto’s camp would put up a fight for them — and harden the resolve of the rebels hence the party would rather keep the matter in abeyance with occasional arm-twisting.
On Thursday, Jubilee vice-chairman David Murathe insisted the party was not worried about upsetting the regional balance.
“Who worries about that anymore? We will cross the bridge when we get there. If the eight (on the party list) do not conform to the requirements of Political Parties Act, we are allowed to get another list,” Mr Murathe said.
But former National Assembly Majority Leader Aden Duale said the party list cannot be altered once submitted. “It cannot be reopened,” Mr Duale said.
“It’s a closed list. Once a seat falls vacant, you draw another name from that list. As to whether it follows priority, please ask the IEBC,” Ms Nderitu said.
The law also says a party list submitted to the Commission “shall be valid for the term of Parliament.”
The only exemption is if the party list is exhausted. For this to happen the ruling party would have to persuade those on the list to stand down which would require they are offered other posts.
