- Some Jubilee MPs are supporting ODM's Imran as is ANC nominated MP Geoffrey Osotsi
- Uhuru's Jubilee and Raila's ODM cautious in dealing with indiscipline for fear of jeopardising the handshake
Leading political parties are facing a massive headache in cracking the whip on errant members campaigning for rival parties in the upcoming Kibra by-election.
The Star has established that the ruling Jubilee Party, Orange Democratic Movement and Amani National Congress are caught on the horns of a dilemma as rebellious members defy party positions.
The indecision by the political parties has further been complicated by the handshake between President Uhuru Kenyatta and ODM chief Raila Odinga amid reports any action might ruin the truce.
Uhuru's Jubilee party and Raila's ODM are cautious in dealing with indiscipline permeating the parties so as not to antagonise the handshake.
Yesterday, their leaderships appeared to suggest they would not be instituting any disciplinary action any time soon as campaigns get down to the wire for the November 7 by-election.
Jubilee secretary general Raphael Tuju said any adverse action against the MPs who are contravening the Political Parties Act can only be sanctioned by the National Executive Council.
The Cabinet Secretary without portfolio said he was aware MPs pitching for Jubilee rivals in Kibra were going against party policies.
“I cannot take action that can lead to the expulsion of a member unless I have a decision from NEC which is chaired by President Uhuru Kenyatta,” Tuju told the Star, insisting that his hands were tied.
He went on : “Yes , its is true that goes against the Political Parties Act. I have received different letters from people complaining about the issue but I cannot make a decision as Tuju unless NEC meets and makes a decision which I will then communicate to the members.”
The political parties Act 2011 prohibits a member of a political party from advancing the interests of another political party.
"A person who, while being a member of a political party, promotes the ideology, interests or policies of another political party shall, notwithstanding the provisions of subsection (1) or the provisions of any other written law, be deemed to have resigned from the previous political party,” reads section 14 (5).
Tangatanga team that is pushing for Deputy President William Ruto's presidency in 2022 has been calling for the expulsion of Jubilee lawmakers campaigning for rival candidates in Kibra.
Some of the Jubilee politicians campaigning for ODM's Imran Okoth include Maina Kamanda (nominated), Maoka Maore (Igembe North) and Nairobi speaker Beatrice Elachi.
The Jubilee wing fronting Imran has claimed President Uhuru Kenyatta is supporting the ODM candidate in the spirit of the handshake deal.
ODM secretary general Edwin Sifuna said the party was only aware of Malindi MP Aisha Jumwa who is backing Jubilee candidate MacDonald Mariga.
He said Jumwa had been expelled from the party over indiscipline and should not be seen as a member of ODM in light of the ongoing Kibra campaigns.
“The only case we have is Aisha Jumwa who the party expelled but is holding on because of a court order,” Sifuna said.
Lifting the lid on the tightrope ODM is walking in cracking the whip, Sifuna said it was unfortunate that some elements had decided to bend the laws.
“We are in a lawless situation,” he said.
ANC secretary general Barrack Muluka told the Star Musalia Mudavadi's party will not hesitate to deal with errant members.
He said nominated MP Geoffrey Osotsi who is aligned to the ODM wing was not a member of the ANC party since he was expelled.
“We cannot take any action against him because he is not a member of our ANC party. He stands expelled according to the law. He can do all the madness he wants out there but he is an outcast,” Muluka said.