Speaker sparks row with ruling on Sabina’s job

National Assembly Speaker Moses Wetang’ula is now caught up in the controversies rocking the Jubilee Party over Nominated MP Sabina Chege’s status in the House leadership.

Wetang’ula sparked a storm within the minority Azimio la Umoja Coalition — of which Jubilee is a member — by declaring it a parliamentary political party. The Speaker also said Sabina effectively becomes the party’s Chief Whip. He also agreed with Azimio’s demand that Sabina be dropped as the coalition’s deputy chief whip. However, Azimio has already written to him demanding that he reconsider his decision on Jubilee and Sabina’s role, saying the decision was ill-advised.

In the letter by the Leader of Minority and Ugunja MP Opiyo Wandayi, the coalition said Wetangula’s decision contravenes the Constitution and the rule of law.

According to Wandayi, the Speaker had overstepped his mandate in reaching his decision.

“It is our view that any attempt to recognise Jubilee Party as a parliamentary party, under the present circumstances, is not only ill-advised but also a brazen contravention of the Constitution and the law,” the letter says.

“Such a move would be an affront to the rule of law and multiparty democracy. Honourable Speaker, we hope you will find it necessary to review your decision.”

In the letter that has also been copied to the clerk of the National Assembly, Samuel Njoroge, and Minority Whip MP Junet Mohammed, Wandayi said from the records at the Office of the Registrar of Political Parties, Jubilee remains a member of Azimio Coalition Party.

For it to exit the coalition, its leadership should follow the procedures provided for under Article 22 of the Azimio La Umoja One Kenya Coalition Deed of Agreement, which was deposited with the Office of the Registrar of Political Parties ahead of last year’s elections.

“Article 108 of the Constitution, read together with Standing Order 20A, does not contemplate a situation where a political party can belong to a coalition and at the same enjoy the status of a stand-alone parliamentary party in the National Assembly,” Wandayi says.

The letter was in response to Wetang’ula decision approving Sabina’s removal as Azimio’s Deputy Minority Whip and replacing her with Embakasi West MP David Mwenje.

In the controversial ruling, the Speaker declared Jubilee a parliamentary party, adding to the controversial dispute over the status of the former ruling party, which has been split into two factions, one remaining loyal to Azimio and the other aligned to the ruling Kenya Kwanza Alliance.

Party independence

Azimio had demanded that Kenya Kwanza respect party independence and that Sabina be dropped for its members to continue with the dialogue they have been having with Kenya Kwanza in Naivasha. They had threatened to boycott the talks unless the two demands were met. The Speaker’s ruling has shed more heat than light, however.

“Mark Mwenje is the Deputy Whip of the Azimio Coalition with effect from today, not any other time. If there are any privileges and trapping of that office, they will land on him from today, not any other time,” Wetang’ula ruled.

“Consequently, the Hon Sabina Chege, by virtue of the written support of 21 out of the 28 members of the Jubilee Party in the House in the letter dated 13th June, 2023; and on account of her having been the last officially recognised Member of the Party forming part of the leadership, is allowed to perform, in the interim, the role of the Whip of that Party in the House.”

The National Assembly Standing Orders provide that the Speaker shall recognise a party or coalition of parties consisting of not less than five per cent of the membership of the National Assembly as a parliamentary party. The National Assembly has 349 elected and Nominated members. Wetang’ula’s communication effectively meant that Sabina could enjoy the privileges accorded to the office of party whip. This is the move that sparked outrage from the Minority side, which argued that although the law and Standing Orders were silent on the privileges, this could be used to form the basis for the Parliamentary Service Commission to facilitate Sabina’s office.

Same day

At the moment, Jubilee is not represented in the commission despite being the third largest single party in the House after the United Democratic Alliance and the Orange party.

The letter by Wandayi came on the same day that one Jubilee faction, led by former Ndaragwa MP Jeremiah Kioni and David Murathe, said the party had embarked on the process of having Sabina and EALA MP Kanini Kega lose their seats. According to them, the two legislators no longer serve the interests of the party.

Addressing a news conference at the party headquarters in Nairobi yesterday, Murathe also announced that Jubilee legislators associating with Kenya Kwanza will be de-whipped from all committees of Parliament and their positions given to the loyal members. In the statement, Murathe also took issue with Wetangula’s ruling, describing it as mischievous because the Speaker should not have been the one to pronounce Sabina party whip.

“Jubilee Party has always had numbers to be a parliamentary party. National Assembly Speaker Moses Wetang’ula announcing that Sabina Chege is the Party Whip is not news at all; in fact before that Nakuru Town West MP Samuel Arama had been serving as the Party Whip,” Murathe said.

Kioni, who is the party Secretary General, said seven members of the National Executive Committee — including Nelson Dzuya, Jimmy Angwenyi and Naomi Shaaban — had been deemed to have lost their party positions after being appointed to serve on boards of various State agencies.

Kioni also challenged Wetang’ula to follow the law when making rulings or risk ending up as the worst Speaker in Kenyan parliamentary history.

 “Despite being the Speaker of the National Assembly, Moses Wetang’ula is still the Party Leader of Ford-Kenya and among the principals of Kenya Kwanza Alliance. He has been moving around the country selling the agenda of Kenya Kwanza yet he is supposed to rise above party politics,” Kioni stated.