• Doubts linger that a full NMC sat to recommend the removal of Ruto as the deputy party leader
• NEC, the top organ of the ruling party, has not met since 2017. Both Uhuru and Ruto are members.
Image: FILE
Several hurdles stand in the way of the plot by President Uhuru Kenyatta’s camp to kick out Deputy President William Ruto.
According to the Jubilee Party constitution, national chairman Nelson Dzuya is required to form a national disciplinary committee in consultation with the National Executive Committee.
However, the top organ of the ruling party has not met since 2017. Both Uhuru and Ruto are members.
The failure by NEC to meet three years after the 2017 elections has stalled several agendas, including the report on five senators who failed to attend the Parliamentary Group Meeting chaired by the President at State House in May.
“The National Executive Committee shall meet once every four months, or as need determines. The party leader and deputy party leader may summon a meeting of NEC, or attend any meeting of NEC,” the party constitution stipulates.
Apart from Uhuru and Ruto, other NEC members are Dzuya, vice chairman David Murathe, secretary general Raphael Tuju, deputy secretary Caleb Kositany, the national treasurer, the deputy treasurer, the organising secretary and the deputy organising secretary.
Also sitting in NEC are the National Advisory Council members, both Senate and National Assembly Majority leaders, chairpersons of the party's parliamentary caucuses, chairperson of the governors' caucus, party Whips in both Houses and secretary to the Parliamentary Group.
Others are representatives from National MCA Caucus, Women’s League, Youth League, Persons with Disabilities League, National Diaspora League, National Council of Elders, the Jubilee Foundation and National Business Council.
Both the party executive director and his/her deputy are expected to attend.
Legal experts differ on whether Ruto holds the position of deputy party leader by virtue of being the DP.
Some argue that he should first be impeached in Parliament and others that if the party strips him of his position, he ceases to be the DP.
“The President of the Republic of Kenya shall be the party leader and the Deputy President shall be the deputy party leader,” Article 33(2) of the Jubilee constitution says.
That constitution does not stipulate the timeline in which the disciplinary committee should question a party member and the file forwarded to the NEC for the next course of action.
The disciplinary committee can recommend to NEC that the member be suspended, expelled or fined.
The top party organ can also set aside the decision of the disciplinary committee, uphold or substitute the penalty imposed by the team.
On Friday, Tuju accused Ruto of among others, allowing his allies to insult Mama Ngina Kenyatta, unveiling Msambweni by-election candidate, skipping Uhuru’s Covid-19 conference at KICC a week ago, engaging in endless political rallies in defiance of the President and holding a meeting with 30 MPs at the Pangani party headquarters.
It is not clear if the National Management Committee sat to arrive at the charges as the people who stood behind Tuju during the press conference are not members of NMC.
If NEC decides to form a disciplinary committee to investigate Ruto, the DP will have a chance to defend himself.
“In all cases before the National Disciplinary Committee, every person appearing for a hearing shall be entitled to a fair hearing and be accorded an opportunity to defend themselves and may be represented by an advocate or any other party member,” the JP constitution says.
- mwaniki fm