MPs backing party-hopping get significant victory

Aden Duale, the leader of majority party in the National Assembly, at Parliament Buildings in Nairobi on August 26, 2016. PHOTO | WILLIAM OERI | NATION MEDIA GROUP

What you need to know:

  • Deputy Speaker Joyce Laboso hands to leader of majority party and leader of minority party power to approve any other proposed changes to report.
  • Document has already been adopted by the Senate.

MPs backing party-hopping scored a significant first victory on Thursday evening when Deputy Speaker Joyce Laboso ruled that the removal of the proposal to bar practice would stand.

She, however, handed to Majority Leader Aden Duale and his Minority counterpart Francis Nyenze the power to approve any other proposed changes to the report, which has already been adopted by the Senate.

Dr Laboso also supported the argument by those who opposed the proposal that barring party-hopping is unconstitutional. This is likely to strengthen the MPs resolve to remove the provision in the Bill to amend the Elections Act.

It also deals a fatal blow to efforts by President Uhuru Kenyatta and Cord chief Raila Odinga to deter candidates from switching parties after losing in the nominations.

President Kenyatta and Deputy President William Ruto are hoping to lock their candidates in the Jubilee Party, the vehicle they plan to use up to 2022 and beyond. Mr Odinga also bears the same hope to prevent MPs who lose out at nominations from decamping, which sometimes leads to splitting of votes.

Dr Laboso said the amendment to the report, fronted by Kisumu West MP Olago Aluoch, was one that was meant to increase the report’s acceptability and build consensus.

The Deputy Speaker however secured the report from further amendments, ruling that Speaker Justin Muturi had barred an attempt to change the motion that led to the creation of the 14-member committee, whose mandate ended last week.

‘WRITTEN APPROVAL’

“I will therefore uphold that particular decision on any further amendment to this Motion and require any member seeking to move amendment to obtain prior written approval of either the Leader of the Majority Party or the Leader of the Minority Party, in person, meaning that the responsibility to do is not to be delegated,” said Dr Laboso.

She made this on grounds that Mr Muturi had designated the motion as a special one, which means it is not handled like others in terms of procedure, timelines and manner of admitting amendments. Special motions are also not open to changes

Said Dr Laboso: “While this Report accords the House an opportunity to discuss generally, matters relating to IEBC and the conduct of the next general elections, the opportunity to make binding decisions and actualise those decisions is reserved in the passage of the two draft Bills.”

The Election Laws (Amendment) Bill and the Election Offences Bill are the legal means through which the proposals made by the team chaired by senators James Orengo and Kiraitu Murungi are effected.

Mr Duale used the opportunity to chide his colleagues, targeting Budalang’i MP Ababu Namwamba, who is on his way out of ODM. Mr Namwamba had on Wednesday made an eloquent defence of party hopping.

“Hip hopping is for the Olympics. I was very distressed listening for 15 minutes to the MP for Budalang’i, who is still in the air, hopping,” said Mr Duale.

Mr Namwamba’s political activity would later become the subject of discussion, with ODM chairman John Mbadi accusing the Jubilee Coalition of luring him out of ODM and later leaving him “in the air and without a party.”

Rongo MP Dalmas Otieno, also considered a rebel within ODM, criticised his colleagues who were against party hopping, telling them that if they are not careful, they would be giving their party leaders a chance to dictate over them.