MPs allied to Deputy President William Ruto scuttled debate on the controversial Political Parties (Amendment) Bill in a stormy four-hour session characterised by heckling and name calling.

The session was eventually adjourned to the delight of pro-Ruto legislators who had conspired to table as many amendments as possible to ensure the debate was delayed or spilled into the next sitting scheduled for late January.

Early yesterday morning, the United Democratic Alliance (UDA)-allied MPs tabled a total of 17 amendments to the Bill, leaving Deputy Speaker Moses Cheboi with no option but to delay debate to allow the Justice and Legal Affairs Committee to go through them before debate.

Before the adjournment, however, the House was treated to all manner of theatrics as the opposing camps engaged in supremacy battles with each side seeking to control the proceedings.

Cosmetic sitting

The Bill, sponsored by Majority Leader Amos Kimunya, seeks to, among other things, allow a coalition of parties to field a candidate in the coming elections.

The proponents say the Bill will allow the registration of Raila Odinga’s Azimio La Umoja coalition as a party and clear the way for it to field its own candidates in the coming elections. 

Presently, a coalition cannot sponsor a candidate as one must belong to a party or is an independent candidate to vie for a seat.

It also aims to effectively force a party to enter into a coalition six months before the General Election, a proposal critics say is aimed to force fence-sitters such as the One Kenya Alliance (OKA) principals Kalonzo Musyoka, Musalia Mudavadi and Moses Wetang’ula to choose which side to join hands with ahead of the next elections by February 2022.

“Contrary to the aspersions by some of us, this Bill is not meant to favour one of the competing sides but to address the issues which have been coming along during and after every election,” said Kimunya when he moved the motion for the adoption of the Bill during the Second Reading.

He added: “The law is intended to cure the problems that have bedeviled our politics for ages.

Coalitions are the way to go, those opposing the Bill should know that were it not for coalitions UDA could not have been born.”

However, with the amendments piling, it was not possible to proceed as Cheboi, who was sitting in for the indisposed Speaker Justin Muturi, said the proposed changes must be taken to the Legal committee for consideration.

Citing Standing Order 131, Cheboi said the committee should harmonise the amendments introduced by members before the Bill proceeds to the Third reading.

“This will definitely require time and cannot be completed in the short time remaining.

I, therefore, adjourn the session to January 25, 2022, to allow the requisite committee to look into the amendments and report to the House,” ruled Cheboi after four hours of debate punctuated by cheers and jeers from both sides.

His ruling was, however, met by loud protests from the pro-Handshake legislators who demanded that debate proceed to the end since the afternoon sitting had been gazetted.

Cheboi, however, ruled them out of order, saying his ruling was informed by the Standing Orders he said were supreme in the House.

“Unless you want to do a cosmetic sitting, my ruling is that the House stands adjourned to allow the committee to harmonise the amendments,” Cheboi concluded.

Out of the initial 18 amendments, 17 were from UDA-allied MPs with nominated MP Geoffrey Osotsi the only member from the Handshake team who had sought to table an amendment.

He later withdrew his effort that aimed at deleting a section giving powers to parties to expel rebel members with least consideration of the Constitution.

The UDA members who presented the amendments were Aden Duale (Garrisa Township), Kimani Ichung’wa (Kikuyu), Alice Wahome (Kandara) and John Kiarie (Dagoretti South), among others.

Pro-Handshake

Earlier, the UDA side had attempted to force a further delay by pushing for more time to be allocated during the Second Reading by forcing a division.

The pro-Handshake side, however, triumphed, garnering 103 votes against the pro-Ruto group’s 68.

After the adjournment, the UDA side broke into song and dance with the “Si Uchawi ni Maombi” song as the opposing side shouted them down.

“We had a hidden card under our sleeves and knew when to unleash it, we got them off guard,” said an elated Wahome.

Their opponents, led by Minority Leader John Mbadi and the Minority Whip Junet Mohammed, said they respected the Speaker’s decision but argued that the Bill should have been passed and the amendments to be considered in the Third Reading.

“Our position is that the Speaker has misinterpreted the Standing Orders. He has denied the majority their say,” Mbadi said.

Added Mbadi: “We want to amend the law to create a system where we form a party which becomes a coalition and other political parties become corporate members. Individuals can join and become members.”

Junet said going by the numbers in the House, the Handshake group had proven that it had the strength to pass the Bill, dismissing the assertion by the UDA team that they have numbers as far-fetched.

“Where were the over 150 members they claim to have; they could only amass 68 members. They do not have the numbers as they claim outside there,” Junet said.

Ndaragwa MP Jeremiah Kioni said he was unhappy with the decision made by the Speaker that delayed passage of the Bill.

“We would have wanted to finish this business once and for all but the Speaker in his wisdom has decided to push it to another month,” Kioni, a member of the Kieleweke side of the Jubilee Party, said.

Public participation

Kioni, who chairs the Constitutional Implementation and Oversight Committee (CIOC), said the Bill is intended to allow small parties from all parts of the country to benefit from joining coalitions.

“We want to have a law in place so that we can be able to benefit Kenyans in the next General Election. But we are saying that it’s not over till it’s over. 

We are going to win in the next vote and I’m sure after the Third Reading this will become law before the next elections,” Kioni said.

Wahome said what concerned them was the speed with which the Bill was brought before the House, saying public participation had not been given a chance.

“These movements have made some of us raise suspicions over the intentions of the Bill.

It is clear that the architects of the Bill want to tie OKA leaders, namely Musalia Mudavadi (ANC) and Kalonzo Musyoka (Wiper) by ensuring that they have no time to delay on which coalition to join by shortening the period within which to enter into a coalition agreement,” Wahome said.

She added: “The intention of the Bill is to rig the election, you can see the hands of the Handshake partners in this.”

The outspoken legislator said Parliament should not allow the Registrar of Political Parties to be the holder of the register of political parties, cautioning that should the Bill be passed, it would find problems due to its constitutionality.