ODM moves to block Ababu ouster

ODM has written to House Speaker Kenneth Marende as it moves to counter attempts to oust Justice and Legal Affairs Committee chair Ababu Namwamba.

Jakoyo Midiwo, the ODM chief whip said he had already written to the Speaker and the Liaison Committee notifying him that it had sought to replace Isaac Ruto (Chepalungu) and Sofia Abdi Noor (Nominated) with Ms Rachel Shebesh (nominated) and Dr Joyce Laboso (Sotik).

The ‘rebel’ duo of Mr Ruto and Ms Noor have joined hands with six PNU MPs in the committee in the plot to oust Mr Namwamba from the committee’s leadership.

Mr Midiwo said he had the authority as a whip to kick out all MPs “who had no respect for the party’s agenda in Parliament”.

Speaking at Parliament buildings, Mr Midiwo said the party will also “reclaim its slot in the committee” and has now added one more member, John Mbadi (Gwassi, ODM), to the 11-member committee.

“We are the majority party in Parliament and we need to have our majority felt across all committees, just as envisaged in the Standing Orders,” he told the Nation.

ODM’s move came as Mr Ruto dismissed the “de-whipping” –being kicked out of the committee—saying his membership was as a result of a House resolution, and only a House resolution can rescind that decision.

But Mr Midiwo dismissed this saying he had the powers under Standing Order number 174, adding that the MPs were “unable” to articulate ODM’s interests in the committees.

“The party instructed me long ago to kick all rebels out of the committee. I have tried to be patient, but now, when you’re hurt, you must respond,” said Mr Midiwo.

“I have the powers; they don’t even need the House approval.”

PNU whip, Johnstone Muthama, however, differed, saying he had spoken to Mr Midiwo and told him that the removal of errant MPs “was the wrong way to proceed".

“It was their democratic right to differ with the party’s position on the nominations [the disputed nominations of constitutional office holders]. You don’t punish people just because they don’t agree with you,” said Mr Muthama.

Mr Midiwo and Mr Namwamba also have a fall back plan: They have written to the Speaker of the National Assembly saying Mr Ruto and Ms Sofia Abdi had missed four committee meetings in a row without the chair’s or the Speaker’s permission, and therefore, have to be kicked out as per Standing Order 169.

“That matter is pending before the Liaison Committee. The House rules are very clear; you “cease” to be a member. They (Sofia and Ruto) missed so many meetings,” said Mr Midiwo.

However, when contacted, Mr Ruto said he’s never been absent for any meeting without permission.

But as the back and forth between the whips continued, 12 MPs of the ODM party led by assistant minister Josephat Nanok and deputy whip Benjamin Washiali (Mumias) said the party had resolved to kick out all the rebels from the committees.

“It is a practice within the Commonwealth Parliament that if the party MPs are not championing the interests of the party, they are de-whipped.

"That’s a normal practice…when they are de-whipped, they lose the right to be in the committees on their party’s behalf,” said Prof Ayiecho Olweny, recalling the 2005 purge of all MPs allied to the Liberal Democratic Party.

“Narc was a dominant party, so when LDP rebelled against Narc, all of us were de-whipped, and that’s when we started organising the Orange party…We’re also going to do it for these rebel MPs,” Prof Olweny said.

“Isaac Ruto is a member of ODM. The Standing Orders are clear in terms of appointment and removal of committee members and who’s got that mandate. And that’s the work of the whip,” said Mr Nanok.

Ms Millie Odhiambo, who also sits in the Justice and Legal Affairs Committee added: “You can’t stop honourable Isaac Ruto from wishing to fly; it is his constitutional right but once he lands, we’ll use the Standing Orders.”