Why Nasa’s fate is in William Ruto’s hands

The statutory coalition agreement states that if three member parties formally withdraw from the alliance, whose other affiliate parties are ODM and Chama Cha Mashinani (CCM), it’s dissolved.

The dissolution of the coalition seemed on track given the resolve by the three parties that have disagreed with ODM until a faction of Ford-Kenya threw a spanner into the works.

Given the power struggle in Ford-Kenya that is now the subject of a court case, any resolution by the faction led by Senator Moses Wetangula faces legal challenges.

Under the circumstances, for Mr Musalia Mudavadi’s ANC and Mr Kalonzo Musyoka’s Wiper to trigger a dissolution that’s not disputed, the third party, CCM, has to sign up for the cause.

However, CCM leader Isaac Ruto doesn’t share in their political cause as he has since decamped to the DP’s camp. The former governor had been among the fierce critics of the DP in Rift Valley but the two have since reunited.

DP Ruto has persistently attacked efforts by his opponents to forge a coalition, alleging they were forming an alliance of tribal chiefs to stop his bid to succeed President Uhuru Kenyatta.

Leadership wrangles

ANC deputy party leader Ayub Savula yesterday sought to downplay the dilemma, arguing that even if Ford-Kenya would be barred from transacting any business, ANC and Wiper’s withdrawal is sufficient since “CCM had already pulled out”.

The Nation contacted the Registrar of Political Parties, Ms Anne Nderitu, who confirmed CCM is still an affiliate of Nasa.

“Chama Cha Mashinani is still a member of Nasa. As far as my office is concerned, they have not formally left the coalition,” Ms Nderitu said.

Reached for comment, Mr Ruto was non-committal about his association with Nasa. Kitui Central MP Makali Mulu said although Wiper had not notified him of the PG meeting, the ongoing legal battles at Ford-Kenya meant CCM is their only saviour in their quest to dissolve Nasa.

“Since the coalition agreement states that three parties must sign, the only way is to reach out to CCM to sign if Ford Kenya will have not sorted out their issues,” Mr Mulu said. According to the court order, Tongaren MP Eseli Simiyu remains the bonafide Ford-Kenya secretary-general.

Dr Eseli and Kanduyi MP Wafula Wamunyinyi are trying to wrestle party leadership from Mr Wetangula’s faction.

The two have warned Mr Mudavadi, Mr Musyoka and Kanu chairman Gideon Moi that Mr Wetang’ula cannot legally commit Ford-Kenya to their dealings.

Withdrawal from Nasa

Dr Eseli said he had not been invited for any meeting and dismissed any gathering by the Wetangula faction as illegal.

Dr Eseli said procedurally, it’s the National Executive Committee (NEC) meeting that can sanction the party’s withdrawal from Nasa and not a PG meeting convened by the Wetangula camp.

“It’s the same organ (NEC) that kicked out Mr Wetangula that has powers to make a resolution of moving out of Nasa as contained in the coalition agreement. The PG has no such powers,” he added.

Dr Eseli said NEC resolutions and minutes signed by the secretary-general are supposed to be taken to the registrar of political parties to effect the changes.

“Everything in Ford-Kenya is illegal. The secretary-general is the engine of the party and he has been barred from transacting any business with the registrar of political parties. So who will take their resolutions to the registrar?” Dr Eseli posed.

The Eseli-Wamunyinyi faction has written to the registrar, accusing the Wetangula faction of “purporting to transact business on behalf of the party”. 

“We have already written to the registrar informing her that Wetang’ula has no authority to continue transacting business on behalf of Ford Kenya,” Dr Eseli said.