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Deputy President Ruto allies threaten court action over coalitions Bill

Wednesday, January 5th, 2022 00:00 | By
MPS during a parliamentary session. PHOTO/Courtesy

Deputy President (DP)William Ruto’s allies have promised a fierce legal battle should they lose their bid to stop the controversial Political Parties (Amendment) Bill from being passed in Parliament.

The Ruto-allied lawmakers, who could not marshal sufficient numbers to pass a number of amendments they proposed last week, said adoption of the Bill would not be the end of the road.

The DP has indicated the possibility of his troops heading to court if they fell short in their attempts to stop the proposed law in both Houses.

MPs have been recalled for a round of sittings from today to Friday to deliberate on pending clauses and possibly vote to adopt or reject the proposed law.

If the National Assembly passes the Bill, it will be taken to the Senate for concurrence or rejection.

One of the controversial clauses in the Bill forces parties intending to form a coalition to do so six months before the coming elections. The coalition will also sponsor candidates for various seats as opposed to the current situation where they cannot. 

Ruto’s side claims the Bill was aimed at forcing them to enter into a coalition with potential partners before the right time.

They also believe the Bill is intended to make it easy for Raila Odinga’s Azimio La Umoja movement to field candidates to their disadvantage in the August elections. 

Yesterday, Kiambu Woman Rep Gathoni Wamuchomba said Ruto’s side had other options should it lose in the House vote, adding that seeking legal redress was one of them.

Tharaka MP George Murungara cited lack of public participation before the Bill was published as one of the possible legal issues they will pursue in court.

“The Bill before the House is unconstitutional as it lacks one of the most important tenets of lawmaking,” Murungara told Parliament last week.

Yesterday, Makueni MP Dan Maanzo, who is allied to Wiper party leader Kalonzo Musyoka, also expressed fears that the matter might end up in court as stated by UDA members.

“The issue of lack of public participation has been raised and is likely to end up in court,” said Maanzo.

Wamuchomba said UDA will certainly move to court to challenge the constitutionality of the Bill.

“The sponsors of the Bill know very well that no public participation was done. They rushed it to achieve their own interests,” Wamuchomba said.

She said although UDA will participate in today’s vote they will still pursue the matter beyond Parliament, if need be.

Chaotic sitting

Tharaka Nithi Senator Kithure Kindiki also hinted at them heading to court the moment the Bill is passed.

“We are super ready. On 18,19, 20th January at the Supreme Court, we will finish the BBI.

Thereafter, we will turn on the ill-advised Political Parties Bill in the High Court and, if need be, in the Court of Appeal and the Supreme Court.

They will know that the pen is mightier than the sword and brain superior to the brawn and brain combined,” Kindiki tweeted.

The Political Parties (Amendment) Bill, 2021, concerns county governments within the meaning of Article 110(1) of the Constitution and must, therefore, be passed by both Houses of Parliament.

“A look at the legislative process of the Bill reveals that indeed it is not easy-peasy like switching on and off the lights but it is one which may take time between the two Houses,” said Garissa Township MP Aden Duale.

Members from the two divides were yesterday at odds over the fate of the controversial Bill ahead of today’s sitting.

There are 23 amendments remaining, which must be dispensed with during the three days gazetted yesterday by Speaker Justin Muturi.

While the ‘Handshake’ team remained optimistic of a win, the Tanga Tanga group said they were in the process of marshalling their numbers to pass amendments sponsored by its members.

Last week’s sittings turned chaotic with members involved in brawls, which left one of them, Sigowet-Soin MP Kipsengeret Koros, nursing an eye injury after he was attacked by Minority Leader John Mbadi, who was later suspended for five sittings.

Positions have not changed much though UDA claimed to have amassed more members to their side.

Mathira MP Rigathi Gachagua said their side had managed to convince more members to support them in shooting down the Bill.

“Our position is the same and we are determined to defeat the Bill, we have managed to convince a number of members to back us. Let’s wait for tomorrow,” said Gachagua.

The Amani National Congress (ANC) was divided on what position to take with its members saying they vote independently.

Sabatia MP Fred Agoi, an ally of party leader Musalia Mudavadi, said party members will support the amendment seeking to have the timelines during which coalitions can be formed.

“As a party, we want the timelines to be six months, we find no reason as to why the time limits be set at three months, parties require time to consult,” said Agoi.

Ironically, the amendment has been sponsored by Ayub Savula (Lugari) who has since decamped from ANC to the Handshake side.

The Handshake side was confident that they will still carry the day going by the numbers in the first two sittings.

“This is a foregone conclusion, the Bill is as good as passed. The numbers during the last session tell it all,” said Peter Kaluma (Homa Bay Town).

Among the contentious amendments that will be voted for include one sponsored by Kikuyu MP Kimani Ichung’wa which seeks to protect members from being expelled from a political party without being heard.

Ichungw’a also wants the expulsion from a party of a person elected to Parliament or a county assembly to constitute a ground for the recall from office of the person.

Soy MP Caleb Kositany has proposed an amendment, which is likely to raise a storm from the Handshake side as he wants the new law if passed to be operationalised after the August elections.

“This Act may be cited as the Political Parties (Amendment) Act, 2021, and shall come into operation immediately after the next general elections,” reads the amendment. 

Political outfits

Ruto has asked MPs allied to him to reject the Bill if amendments proposed last week are not effected.

He said sections of the Bill, if not removed, will transfer the Independent Electoral and Boundaries Commission (IEBC) to the Registrar of Political Parties.

Speaking in Turbo, Ruto claimed his side of the political divide had at least 160 MPs, enough to defeat the Bill.

He said the Bill will create an imperial Registrar of Political Parties, who will control how political outfits conduct nominations.

“Political parties are independent and free to conduct their nomination exercises. Let us stop creating an imperial Registrar of Political Parties on Kenyans,” Ruto said.

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