MPs clash over plan to establish Opposition post

The proposal to amend the Constitution of Kenya to, among others changes, create the office of the Leader of Opposition, entrench the NG-CDF kitty and address the two-thirds gender rule kicked off yesterday with MPs debating a memorandum by President William Ruto seeking to effect the changes.

Leader of Majority Kimani Ichung’wah, while introducing the motion, urged the MPs to support the proposals by the President saying they were for the good of the country as they will improve democracy as well as anchor key pieces of legislation which have remained vague and open to litigation.

Standing Orders

In a memorandum dated December 9, 2022 addressed to the Speakers of the Senate and the National Assembly, the President proposes the implementation of the two thirds gender rule of the Constitution, Constituency Development Fund, Senate oversight and National government Affirmative Funds.

Ruto is also seeking the establishment of the position of the Leader of Official Opposition.

Also included in the memorandum is the Parliamentary oversight of the Executive to amend the Standing Orders to allow Cabinet Secretaries in plenary to respond to questions from Members of Parliament.

The President has also asked the MPs to find ways to align the NG-CDF kitty, which he says is an important tool in leveraging development to the Constitution

But during debate on the memorandum yesterday, Opposition legislators accused the President of trying to reintroduce the Building Bridges Initiative (BBI), which he strongly opposed, by hiding behind the veil of a parliamentary initiative so as not to run afoul of the Supreme Court verdict that found the process unconstitutional by dint of then President Uhuru Kenyatta’s involvement.

“Most of these things proposed in the memorandum will have to go to a referendum. We need the majority side to explain to us how they will navigate the matter without circumventing the Constitution,” said Homa Bay Township MP Peter Kaluma.

Supreme law

Kiharu MP Ndindi Nyoro, however, defended the proposals and accused opposition MPs of playing politics with the proposals.

He singled out the NG-CDF kitty saying it was good for the development of constituencies.

He said what the President was proposing would benefit all, including those who did not vote for him.

“Anchoring NG-CDF in the Constitution is in the interest of us all as people’s representatives. We need to support the suggestion in totality,” said Nyoro.

The minority side also fought off the attempts to establish the Office of Leader of opposition saying it was illegal since it is not anchored in the supreme law.

“It is disturbing as to why the Executive is pushing for the establishment of the office of the leader of opposition. This is a position that does not exist in the Constitution.

What we have in Parliament is the Majority side and the Minority side. What will be required of us will be an overhaul of the Constitution to create the office of the Leader of Opposition,” said Rarieda MP Otiende Amollo.

He added: “The opposition leader proposal is a bad idea either on the aspect of constitutionalism or purpose. In this House, there is no government or opposition. If you look at Article 130, the government comprises of the president, the deputy and the Cabinet, there is nowhere the opposition leader is mentioned.”

Posterity

Ruto has, however, maintained that he is not seeking to create the office for an individual but as a wider part of ensuring the government is held to account.

He similarly wants the Standing Orders amended to allow Cabinet Secretaries to attend sittings and provide answers to questions aimed at their dockets.

The creation of the office of the leader of opposition remained the most contentious with the majority side in support and the minority vehemently opposing.

“This position is not being created to appease anybody. We are creating this position for posterity. We are creating a position that will enrich and deepen the structure of our democracy,” Ichung’wah said.

Two capacities

He added: “We are not seeking to create positions because the President and myself as we traversed this country we did promise that we will run a government that will create employment and not positions.”

Tharaka Nithi MP George Murugara said there is a distinction between the BBI and the memorandum that President Kenyatta presented.

“What the President has done is to give recommendations in his two capacities as a President and a citizen,” said Murugara.

Nominated MP John Mbadi said President Ruto should stick to his campaign script and deliver on his pledges instead of writing memorandums to Parliament.

“These are issues we can deal with as a country and agree. We want to go the route of constitutional amendment,” said Mbadi.

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