Tussle looms in Parliament over majority party status
The stage is set for a bruising battle in the National Assembly this week over leadership positions after lawmakers allied to Azimio-One Kenya coalition insisted that they enjoy the majority in the House.
Legislators led by John Mbadi (Nominated), Otiende Amolo (Rarieda) and Peter Kaluma (Homa Bay Town) maintained that the Azimio coalition was the legally recognised majority coalition in the house and would discharge its “rightful role” once parliament reconvenes.
Mbadi said the Registrar of Political Parties Anne Nderitu had clarified the issue and Kenya Kwanza members should be ‘contented with the minority status.
Speaking separately, Amolo argued that the opposition ought to produce the leadership of the watchdog committees in the house to provide effective oversight. He noted that majority or minority parties or coalitions are not determined by the National Assembly Speaker but by the constitution in article 108.
But Garissa Township MP Adan Duale dismissed the arguments by the Azimio brigade, arguing that the constitution in article 36 the freedom of association and article 38 on political rights allows members who ditched the Raila Odinga-led faction to join the Kenya Kwanza coalition.
Duale explained that United Democratic Movement (UDM), Maendeleo Chap Chap (MCCP) and Pamoja African Alliance (PAA) will write to the Registrar of Political Parties Ann Nderitu on their decision to leave Azimio and that the same parties will also write to the Speaker of the National Assembly.
He went on: “In an ideal situation, the majority of members should not be from the party that has formed the National Executive so that there is efficient oversight.
Kaluma backed the sentiments, explaining that the Constitution provides that in parliament, there is majority and minority political parties or coalitions.
He cited Article 108(1) which states that there shall be a leader of the majority party and a leader of the minority party and that the leader of the majority party shall be the person who is the leader in the National Assembly of the largest party or coalition of parties.
The same article provides that the leader of the minority party shall be the person who is the leader in the National Assembly of the second largest party or coalition of parties.
“We are in a pure Presidential system of governance where Parliament is independent of the Executive and therefore Parliament which comprises majority and minority exist to offer oversight to the Executive,” said Kaluma.
Kaluma who is also a lawyer explained that article 108 of the Constitution is explicit and self-explanatory and does not require a Communication from the Speaker or advisory opinion from the Supreme Court.
But Garissa Township MP Adan Duale dismissed the arguments by the Azimio brigade, arguing that the constitution in article 36 the freedom of association and article 38 on political rights allows members who ditched the Raila Odinga led faction to join the Kenya Kwanza coalition.
Duale explained that United Democratic Movement (UDM), Maendeleo Chap Chap (MCCP) and Pamoja African Alliance (PAA) will write to the Registrar of Political Parties Ann Nderitu on their decision to leave Azimio and that the same parties will also write to the Speaker of the National Assembly.
“We have told Azimio that Kenya Kwanza has the majority of the members in the National Assembly. The Constitution in articles 36 and 38 gives any citizen the freedom of association and political rights. You cannot force someone to stay in a coalition they don’t want,” charged Duale.
The standoff emerged at the weekend as the two rival coalitions both claimed the majority status in the National Assembly and went ahead to name their respective nominees to the leadership positions.
The Kenya Kwanza brigade met at a Naivasha resort under the leadership of President William Ruto and named Kikuyu MP Kimani Ichung’wa as its nominee for the majority leader’s position to be deputized by Owen Baya (Kilifi North), South Mugirango MP Sylvanus Osoro as Majority whip and Marsabit Woman Representative Naomi Waqo as his deputy.
Azimio on the other hand named Ugunja MP Opiyo Wandayi as its nominee for the Majority leader’s post deputized by Kathiani MP Robert Mbui.
Suna East MP Junet Mohamed was named as the coalition’s nominee for Chief Whip to be deputised by Nominated MP Sabina Chege.
The two houses converge this week for a special sitting to plan their legislative calendar and set the date of the official business of the two Houses.
The lawmakers who were sworn in last week Thursday, will also reconvene to among other things form the parliamentary committees, elect chairpersons and their deputies of the committees, agree on House leadership and debate on the National Assembly Clerk.
The two Houses will also nominate MPs to the Parliamentary Service Commission (PSC) and approve the names.
