DP Ruto outfoxed in coalitions Bill House debates

President Uhuru Kenyatta and Raila Odinga’s Handshake team flexed its muscles in the National Assembly yesterday, delivering one blow after another against Deputy President William Ruto’s camp, as the controversial Political Parties (Amendment) Bill appeared headed for passage.

After deafening noise that has characterised debate on the Bill within and outside the House, it was Uhuru and Raila’s team that rode to victory at the end of the day.

This was despite spirited attempts by Ruto’s side to frustrate adoption of the proposed law that would pave the way for realisation of the Azimio La Umoja coalition.

As has been the case since the Bill was first introduced in the House in December, the battle for its survival once again pitted lawmakers associated with the March 2018 Handshake between the President and Raila against those supporting Ruto’s presidential candidature in the August elections.

 Ruto’s team had come prepared with dozens of amendments to try to delay the Bill’s passage but they were met with a voting brick wall that bounced back every proposal they threw at it.

It was clear from the beginning the Handshake team had come prepared for a proper showdown.

The first amendment to fall was one by Nambale MP Sakwa Bunyasi (ANC). The MP, who is affiliated to Amani National Congress leader Musalia Mudavadi, wanted the clause that allows coalitions to field candidates to be changed to only allow them to sponsor a presidential aspirant but not other lower positions.

Opposed amendment

Bunyasi had the support of Ruto’s allies, who are now informally in the United Democratic Alliance (UDA), but his amendment suffered an easy defeat as 132 MPs voted it down against 111 in favour.

The amendment sought to amend Clause 8 of the Bill by introducing a new one requiring that a coalition political party shall only field candidates for President.

If the amendment had passed, it would have dealt a major blow to the quest by the proponents of the Bill to have governors, senators, MPs and MCAs vie on a coalition ticket.

 Leader of Majority Amos Kimunya had vehemently opposed the amendment, terming it unconstitutional as it went against Article 38 of the Constitution.

“You cannot define what a political party can do or cannot do. A political party is at liberty to nominate candidates at whatever level and limiting it will be the most unfortunate thing in this country,” said Kimunya.

‘Deceitful lawmaking’

Next was former  Leader of Majority Aden Duale who wanted expulsion of a clause setting the timelines for coalition-making. Duale, the Garissa Township MP, had argued that there should be no timelines for parties to form coalitions.

During the vote, 128 MPs voted against the amendment with 104 supporting, attracting the anger of the sponsor who accused lawmakers of engaging in “deceitful lawmaking”.

“Why rush parties into coalitions, we should not be sitting here to make laws to favour a certain individual, this is deceit and conmanship,” thundered Duale before the presiding chair of the committee Jessica Mbalu warned him against using un-parliamentary language.

The Bill seeks to have coalitions by political parties submit their coalition agreements at least six months before a general election.

Duale, however, contended that the Bill which was being pushed by the Executive sought to sanitise “political conmanship in coalition agreements every electioneering season”. 

“This House should not be used as a decoy in achieving selfish political interests and to sanitise the character of certain leaders and parties who are known for political deceit every time they enter into a coalition agreement with other parties,” Duale charged.

With Duale’s protestations, an amendment by Kimunya to cut the period to four months was passed to the light appreciation of some of the lawmakers.

Jubilee Coalition Parliamentary Group Secretary Adan Keynan, (Eldas) welcomed Kimunya’s amendment, saying fixing coalition formation deadline at four months to the polls was a critical aspect of the culture of alliance-making.

“Winning an election is not just about coalition formation, it also encompasses serious popularisation of the political formation and its lineup. Four months is enough time for that,” he said.

Keynan added: “The challenge now is for all political players to fast-track their consultations and harmonisation of manifestos and ideologies as well as identification of their national lineups to beat this deadline”.

If the Bill becomes law, parties will be allowed to deposit their coalition agreements with the Registrar of Political Parties at least 120 days before the August General Election. For the coming election, they will have to do it by April 9.

“The import of this Bill is to accord the timelines to also be synchronised with the nomination of MPs,” Kimunya said.

An amendment by Kimilili MP Didmus Barasa, another Ruto ally, to provide room for pre-and-post-coalition agreements such that the primary party does not victimise partners was also defeated, with 163 members voting against and 131 for it.

Electronic voting

Barasa had given the example of the way UDA members were being treated by its partners in the Jubilee Party.

“We make laws for posterity, not for individuals. We need to allow the law to allow coalition partners to operate with freedom. What we are seeing in the ruling coalition where UDA members are tossed out every now and then is as a result of a bad law,” Barasa said.

With another imminent loss, a frustrated Saku MP Dido Raso warned that members had become voting machines without considering the import of the legislation proposed by one of the political sides. His amendment was to reduce the coalition formation to 145 days before elections.

However, Rarieda MP Otiende Amollo said by amending the legislation, members would be denying parties, “political hygiene”. 

As was the fate for other amendments moved by Ruto allies, Raso lost by 163 votes to 130.

An amendment by Duale to have the clause seeking the formation of political coalitions deleted was rejected by a vote of 164 to 128.

Duale had warned those supporting the clause that it will come back to haunt them just as it had happened in the ruling Jubilee Party.

As was the case last week, when chaos rocked the House, it was not a smooth ride for Kimunya yesterday morning as UDA-affiliated members used every trick in the book to attempt to stop him from moving the amendments, claiming that the electronic voting system had been tampered with. However, Mbalu ordered the Sergeant-at-Arms to protect Kimunya from the charging MPs.

Kikuyu MP Kimani Ichung’wa requested Mbalu to ensure all the votes have been counted“It is the numbers that will eventually count and for the numbers to count every card and every gadget must be configured to work,” he said.

The sitting was always on the edge. In the evening, Kiharu MP Ndindi Nyoro was thrown out of the House for two sittings for claiming, without substantiation, that fellow lawmakers were being bribed by Wajir Woman Rep Fatuma Gedi to reject their amendments. 

He said he had seen her giving out money in bundles of Sh100,000 and Sh200, 000. The chair of the committee, Soipan Tuya, asked him to substantiate but he persisted with the claims forcing her to act while quoting the Standing Orders.

 Tuya also reprimanded Gedi for disorderly conduct after it was established she had been distributing sweets to fellow members.

The debate on the Bill is expected to continue today with more clauses to be placed on the table for passage or rejection.