- A key provision in the Jubilee constitution binding members to only written official party positions could set back the push to punish some senators.
- Jubilee party constitution expressly requires that a member can only be held liable if opposing party positions communicated in writing.
Image: ENOSE TECHE
The push to punish some errant Jubilee senators could be blocked by a provision in the party constitution binding members to only written provisions, not verbal ones.
So if party officials make verbal statements not communicated in writing, such as some voting instructions, then members in 'violation' are not punishable.
It has emerged the party constitution expressly states that a member can ony be held liable for opposing positions communicated in writing.
The party constitution also protects members' divergent views if purported party policies on a matter are not sanctioned by a relevant organ.
Some senators have been torn between pursuing party loyalty without being threatened and pushing for the interests of their individual counties.
However, the ruling party has of late come under scrutiny for violating its own constitution in pushing for ironclad loyalty among members.
“A member of the National Assembly or Senate shall not without justification oppose party positions and policy in Parliament. Provided a member shall not be construed to have opposed a party position where the same was not communicated in writing,” Article 17(2)reads.
This provision could protect some senators opposed to the contentious revenue sharing formula deadlocked in the Senate following sharp differences. Jubilee wants senators to vote in favour.
The formula on the allocation of resources to counties gives more weight to population than landmass, consequently disadvantaging less populated and marginalised regions.
Nairobi Senator Johnson Sakaja has been accused by a Jubilee official of violating a party position to support the formula.
The formula was tabled by the Finance and Budget Committee chaired by Kirinyaga Senator Charles Kibiru last Tuesday but voting was delayed because of sponsored amendments.
Sakaja has sponsored radical amendments to the report with the aim of cushioning some 18 counties losing as much as Sh 17 billion, triggering widening cracks in the party over the formula.
Sakaja's formula has received considerable support from senators from less populated counties.They argue they would be disadvantaged if the committee report passes.
Some Jubilee senators have joined forces with those mainly from marganalised and less populated counties losing out in the controversial formula to back Sakaja's amendments.
Elgeyo Marakwet Senator Kipchumba Murkomen, the former Senate Majority leader, Lamu's Anwar Oloitiptip (Lamu) and Philip Mpaayei (Kajiado) are some of the senators opposed to the formula despite their counties' gaining.
However, Jubilee vice chairman David Murathe - a key confidant of President Uhuru Kenyatta - said that the party would crack the whip on senators opposed to the party position.
“We are not yet done, we will deal with the senators for going against the party position. They will have themselves to blame for their parochial decisions. We will kick them out of the party. Read our party constitution, it gives room to deal with them,” Murathe said on Monday.
Murathe alleged that whereas the other Jubilee senators from the affected counties had their grievances against the formula, Sakaja, Murkomen and Oloititip acted defiantly and maliciously given that they had no credible grievance.
“How would you explain why the three went against the formula yet their counties had benefited? It is cheap politics and we will let them out so that they can go politickfreely,” he said.
But Sakaja has argued that there has been no party position on the matter as there has been no caucus for members to debate an issue and come up with a common stand.
“Let them tell us where the party senators met, caucuses discussed this and came up with a party position. The party position is a united Kenya. They are the ones going against the party position and we will discipline them,” Sakaja said on Monday.
He added, “The party position is not Murathe’s musings or Kang’ata’s opinion. I am not scared of being kicked out, but they should read the constitution of the party.”
Senate Mmajority whip Irungu Kang’ata had also warned that the party will take disciplinary action on senators opposed to the new formula.
(Edited by V. Graham)