According to the Leader of Opposition Bill, 2023, the occupant of the office shall be the leader of the party or coalition which garnered the second-highest number of votes in the preceding presidential election.
Two deputies picked by the minority coalition
In what is seen as a deliberate move to ensure inclusivity within the opposition, the leader of the opposition is proposed to have two deputies that will be picked by the minority coalition.
The expanded structure, if the Bill sails through and is assented to into law by President William Ruto, will accommodate some of the current Azimio bigwigs angling for jobs.
Raila is the leader of the Azimio la Umoja One Kenya Coalition party, which came second in the 2022 presidential election and is the automatic candidate for office once the Bill becomes law.
However, Raila’s bid for the African Union Commission chairperson job that will be up for grabs next February, could see him anoint his preferred choice to succeed him as the Azimio leader.
The Bill provides that the Independent Electoral and Boundaries Commission (IEBC) will forward to the Chief Justice, the name of the Leader of the Party or coalition of parties that emerged second in the 2022 polls.
The opposition leader shall have immense influence in the oversight of government at the expense of taxpayers while also attending state ceremonial functions as well as overseas trips on behalf of the opposition.
Having been the official Azimio presidential candidate in the 2022 presidential poll, Raila is the automatic leader of the coalition, with Narc Kenya boss Martha Karua as his deputy having been his running mate.
The veteran opposition leader’s interest in the AUC job would easily hand Karua and Wiper boss Kalonzo Musyoka a political lifeline if Azimio settles on seniority as the major parameter in picking leaders.
Other Azimio principals include DAP-K party leader Eugene Wamalwa, George Wajackoya, former Murang’a governor Mwangi Wa Iria and ex-Agriculture Cabinet Secretary Peter Munya.
Product of the National Dialogue Committee
The Leader of Opposition Bill, 2023- a product of the National Dialogue Committee (Nadco)-is part of the nine legislative proposals advanced by the panel to anchor the resolutions of the committee.
The Bill stipulates that in case the leader of the coalition declines to take up the position as the Leader of the Opposition, then the outfit will have to resolve that partner parties pick the occupant of the post.
This shows that there are two routes for picking the leader of the opposition- through the IEBC and coalition resolution- as proposed by the Bill.
A resolution by the coalition could be used to pick the opposition leader of opposition now that Raila is eyeing the AU Commission chairperson.
“If the designated Leader of the Opposition, as determined by the IEBC refuses or is unable to take the oath of office within the specified seven-day period, the CJ shall proceed to swear into office the person designated to hold that office by a resolution of a party or coalition agreement,’’ reads the Bill in part.
“The Leader of the Opposition shall assume the functions and responsibilities of the office upon the completion of the swearing-in ceremony.”
If the MPs fast-track the Bill and pass it before February 2025, all eyes will be on Raila to see if the ODM boss will personally take up the leader of the opposition post.
Raila’s possible exit as the Azimio leader could trigger squabbles within the coalition as bigwigs are likely to scramble to occupy the Leader of the Opposition post.
Kalonzo has heightened activities across the country in what is seen as part of his strategy to position himself as Raila’s heir apparent having deputized him in 2013 and 2017 polls.
While many see Kalonzo as best suited to succeed Raila and therefore take up the post of Leader of Opposition because of his political seniority, the Azimio hierarchy that places Karua above him could complicate matters for him.
Karua who unsuccessfully ran for president in 2013 was Raila’s running mate in 2022 and therefore seen as the Azimio deputy captain.
However, Karua and Kalonzo had clashed over the Nadco report after the former said it fell short of the expectations of Kenyans.
It is doubtful if the Narc Kenya boss would receive the backing of other leaders now that she had rubbished the same document.
Besides Karua, DAP-K leader Eugene Wamalwa had also dismissed the report that is now the basis for the establishment of the leader of the opposition post.
Raila could take up opposition leader role
Political analyst Alexander Nyamboga argued that Raila could take up the job, then resign if he wins the continental job, should MPs ratify the Bill before the AUC polls.
“Nothing bars Raila from being sworn in as the leader of the opposition until such a time that he would be unable to continue in office including if elected as the African Union Commission Chairperson,” Nyamboga said.
However, with Raila’s eyes set on the AUC job after getting the backing of President William Ruto and other African leaders, it is unlikely that Raila would insist on taking up the leader of the opposition post.
How opposition leader can be ousted
The Bill also provides on how the leader of the official opposition can be removed from office.
Removal of office of the leader of the opposition shall be by a resolution of the party or coalition of parties which garnered the second greatest number of votes in the immediately preceding presidential election.
The officer holder can also be kicked out if sentenced to a term of imprisonment of at least six months and has exhausted all appeal or review relief available in relation to that case and if the person.
One can also be removed from office if found in accordance with any law, to have misused or abused the office or if the person is unable to perform the functions of the office arising from mental or physical incapacity.
Upon the removal of the Leader of Opposition under subsection (6), the Chief Justice shall forthwith swear into office the person designated to hold that office per a resolution of a party or coalition agreement.
The remuneration and benefits payable to the Office of the Leader of the Opposition and the two Deputy Leaders of the Opposition shall be a charge on the Consolidated Fund.
The Office of the Leader of the Opposition shall have access to necessary facilities, resources and staff required for the effective discharge of the functions under this Act, reads the Bill.
