MPs reject Ruto, Raila bid to deal with party rebels

Through the National Dialogue Committee (Nadco), the duo sought to amend laws to allow parties deregister such rebels.

The law was also to be changed to provide that association with a rival outfit amounted to joining the said entities.

As such, persons who promoted or joined forces with rival parties would be deemed to have resigned from their original outfits.

The disciplinary process was to culminate to among others, deregistration, for which one was to lose their seat.

The change of Article 103 of the Constitution was to largely affect MPs, members of county assembly and governors. Nadco spelt that resignation or deregistration would result in vacancies at offices of MP, MCA, or governor.

But majority of members of the joint Justice committees of the National and Senate shot down the proposal, saying it would be prone to abuse.

“The proposal is an affront to democracy because political parties are not as democratic as envisaged by the framers of the constitution,” the Majority side said.

The members of the Tharaka MP Gitonga Murugara and Bomet Senator Hillary Sigei-led team held the proposal gives party leaders excess powers.

“This would breed dictatorship and subvert the will of the people as the right of recall should only be exercised by the people and not political parties,” the committee said.

Under Nadco, Parliament’s power to determine circumstances under which a person was considered to have resigned was also taken away.

The Justice committees (majority) held that the current provisions of the Political Parties Act were adequately regulating political party discipline.

“The committee suggested that the procedures of party discipline should be factual and meritorious,” the MPs said, adding that Parliament has powers to enact legislation to promote fidelity to political parties.

“The proposed amendment might not have the desired effect of promoting party discipline,” the Majority decision reads in part.

But Ruaraka MP TJ Kajwang’ and nominated Senator Catherine Mumma dissented to the position adopted by the committees.

They observed that the provisions had not achieved the purpose of in stilling discipline and fidelity to political parties.

The duo argued that those deemed to be associating with rival parties should be deregistered from the respective political party.

“Where a member of a political party was proposed for deregistration, they would still be entitled to due process and other safeguards, including recourse to the courts,” the Minority report reads.

The constitution provides that the office of an MP becomes vacant if a member resigns from the party which elected them to office.

Vacancies can also arise where such a member is deemed to have resigned from the party under a law MPs were to enact.

Independent candidates who join political parties after election also lose their seats as per the law.

Owing to lack of stringent enforcement, a number of politicians have jumped ship, dealing a blow to parties in obtaining numbers that are key to determining Majority and Minority sides in Parliament.

This has played out in the current debacle in Parliament, where confusion has reigned on which side is the majority or otherwise.

Whereas the concerned parties have entered into an agreement ending days of standoff, a court ruled that the numbers are decided at the ballot.

As such, a three-judge bench ruled that Raila’s Azimio side was the Majority and Ruto’s the Minority.