Dishonourable MPs were no-shows when it mattered most

Members of the National Assembly

Members of the National Assembly during a sitting on June 7, 2023. A total of 85 lawmakers abandoned their voters by skipping a crucial vote on perhaps the most important Bill in any Parliament each year—the Finance Bill—that is set to determine the tax-raising measures, the cost of living, and other money matters that affect their constituents directly.

Photo credit: Dennis Onsongo | Nation Media Group

A total of 85 lawmakers abandoned their voters by skipping a crucial vote on perhaps the most important Bill in any Parliament each year—the Finance Bill—that is set to determine the tax-raising measures, the cost of living, and other money matters that affect their constituents directly.

Some of the MPs were within precincts of Parliament but chose not to do the work they were elected for, leaving their constituents unrepresented at the crucial moment.

Just minutes before the vote was taken, some of the members were the most vocal in their contributions on the floor of the House by either expressing their strong support or opposition to the Bill that is largely set to increase the cost of living in the country.
Some had also travelled out of the country against directives by their political parties even after they had made their position on the Bill known through vicious public pronouncements.

When the division bell was rang on Wednesday, out of the 349 MPs, only 257 members were present in the House.

A total of 176 members – mostly from Kenya Kwanza – voted in support while 81 MPs – mostly drawn from the opposition Azimio La Umoja One Kenya Coalition – rejected the Bill.

Another six members – Catherine Nakhabi Omanyo (Busia, ODM), Sabina Wanjiru Chege (Nominated, Jubilee), Millie Akoth Odhiambo (Suba North, ODM), Tom Joseph Kajwang’ (Ruaraka, ODM), Amina Laura Mnyazi (Malindi, ODM) and Rozaah Akinyi Buyu (Kisumu West, ODM) – were also absent as they had been suspended by Speaker Moses Wetang’ula over chaos witnessed in the House last week.

Banissa currently has no MP after its member Kullow Maalim Hassan died early in the year.

Disciplinary action

Some of the opposition partner parties have since initiated disciplinary action against their members who skipped the crucial vote.
They are also targeting their members who defied the coalition position to vote in support of the Bill.

Orange Democratic Movement (ODM) of Raila Odinga has since written a show cause letter to 24 of its members who were absent during the vote.

The party, through its Secretary-General Edwin Sifuna, who is also the Nairobi senator, has also fired letters to four others who voted in support of the Bill.

Azimio leaders Martha Karua, Wycliffe Oparanya, Raila Odinga

From left: Azimio leaders Martha Karua, Wycliffe Oparanya and Raila Odinga addressing journalists during an Azimio presser at the Stephen Kalonzo Command Centre, Nairobi on June 14, 2023. Sources indicated that Mr Odinga was angered by the defiance of some of his members who voted in support of the Bill.

Photo credit: Bonface Bogita | Nation Media Group

Jubilee Vice-Chairman David Murathe told Saturday Nation that the former ruling party will take similar disciplinary action against its members who defied the party position or chose to skip the vote.

He said the purge would be initiated once the leadership dispute in the party is settled.

Kalonzo Musyoka’s Wiper Party and Democratic Action Party of Kenya (DAP-K) yesterday blamed Mr Wetang’ula for what they termed as trickery after he reportedly told the House the voting would be done next Tuesday.

The two outfits, however, indicated that they are reviewing reasons provided by their members who skipped the vote for possible disciplinary action.

Saturday Nation has established that Mr Odinga had directed all Azimio lawmakers to freeze foreign trips until the Bill is dispensed with.

Sources indicated that Mr Odinga was angered by the defiance of some of his members who voted in support of the Bill.

Mr Sifuna told Saturday Nation that the outfit may consider expelling some of the members. He noted that the party will spare those with genuine reasons for being absent.

Edwin Sifuna.

ODM Secretary-General Edwin Sifuna. He says the MPs who voted yes or abstained from Finance Bill 2023 vote have 48 hours to respond to summon and why action should not be taken against them.

Photo credit: File | Nation Media Group

“We are waiting for the responses. You realise we sent the letters to all those who missed the session. I am sure some of them may have genuine reasons for their absence. The rules provide that the disciplinary process will go on whether one responds or does not respond to the notice,” said Mr Sifuna.

 “The party rules have various sanctions that can be imposed ranging from fines, reprimands to suspension and expulsion depending on each matter,” he added.

In the show cause letters to the members, the party indicated that it had received many complaints from its general membership regarding the conduct of its members of the National Assembly during the vote on the Finance Bill, 2023.

“In line with the party’s disciplinary rules, notices to show cause why disciplinary action should not be taken have been issued to the said members. They are expected to respond within the next 48 hours,” the party said to the members.

ODM chairman and nominated MP John Mbadi – who is among MPs who skipped the sitting – confirmed receiving the show cause letter. He said he would respond.

“For purposes of equity, justice and fairness, everybody, including myself as the chairman, should explain where they were on that day. Once that process is done, we will now know who is rebellious and who went against the party position of rejecting the Finance Bill, 2023,” Mr Mbadi said.

Explain whereabouts

He said all ODM MPs will have to explain their whereabouts on the material day and those who voted for the Bill also have to explain why they went against the party position.

Mr Mbadi said he was in Geneva, Switzerland, on official duty as the chairman of the Public Accounts Committee (PAC).

“I spoke to the party leadership and they were aware I was away on official duty. It was a matter that had been raised by the Auditor-General about our embassy in Geneva and as a committee, we resolved that some of our members should visit the place,” Mr Mbadi explained.

John Mbadi

ODM chairman John Mbadi addressing the media at Parliament Buildings. He said all ODM MPs will have to explain their whereabouts on the material day and those who voted for the Bill also have to explain why they went against the party position.

Photo credit: Dennis Onsongo | Nation Media Group

DAP-K Secretary-General Eseli Simiyu said Mumias East MP Peter Salasya was its only member who was absent.

Mr Simiyu said the lawmaker explained to the party that he was made to believe that the vote was not to be taken that evening. He, therefore, participated in the House debate and left and only learnt later the House was called to vote.

“He has defended himself by saying that the Speaker had indicated that the vote would be done next week. So he left the House. The party will look at his defence, if it is sound then we will not punish him,” said the SG.

Mr Salasya had vowed to vote against the Bill. “That thing, even if you (Kenya Kwanza) will pass, you will only pass it with your vote. My vote will be against it,” Mr Salasya had declared in a past event.

Wiper Secretary-General Dan Maanzo – who is also the Makueni senator – defended the party MPs by giving a similar explanation. He, however, warned the members not to leave the House next time since a vote can be called on any matter that is under debate in the House.

“We have told our members that we have to be alert next time. Some of our members were also sent out on trips,” said Mr Manzo.
But the ruling United Democratic Alliance (UDA), through its Secretary-General Cleophas Malala, yesterday said they would not punish any of their members who skipped the vote as well as those who defied the party position and voted against the Bill.

Divergent views

Mr Malala said UDA encourages divergent views and cannot punish its members for making their choices.

“For us, we are a democratic party. We tolerate divergent views. We are not going to punish any of our members for expressing divergent views. Some of those members have told us they were not around while others were indisposed,” said Mr Malala.

Cleophas Malala

United Democratic Alliance party Secretary-General Cleophas Malala speaks during the party's delegates meeting in Narok on June 9, 2023. Mr Malala said UDA encourages divergent views and cannot punish its members for making their choices.

Photo credit: Robert Kiplagat | Nation Media Group

Rarieda MP Otiende Amollo, who was among those who were absent, had earlier during the debate termed the Bill as irredeemably bad to the well-being of Kenyans and hence should be rejected or withdrawn for fresh drafting.

“You must listen to us on this and if you use the majority to pass this Bill, there are still the courts, and if you use the courts, there are the people,” Dr Amollo said.

Nyali MP Mohammed Ali, who also skipped the vote, earlier in the day defended the Bill while accusing his colleagues of being selfish in their opposition to the controversial housing levy.

“Today MPs are privileged because everyone has a House. An MP is entitled to a Sh30 million mortgage and I am a beneficiary. MPs should stop being selfish and have the interest of Wanjiku first. Look at the good things in the Bill; let us not be greedy,” said Mr Ali.
Kabuchai MP Majimbo Kalasinga had in a previous event rallied his supporters to give him the sign on how to vote on the Bill.

“I am your MP and servant. Those who want me not to vote in support of the Bill to shout Yes and put their hands up. Secondly, those who say I should go to Parliament and accept the Finance Bill…there is none, I have gotten my response. I will go to Parliament to discharge my duty accordingly,” Mr Kalasinga vowed.

On Wednesday, Kalasinga was in the House but was missing in action when members were called to vote.

Kapseret MP Oscar Sudi, a close ally of President William Ruto, was not present in the House during the vote. He is one of the vocal proponents of the Bill in public rallies.

Embakasi East MP Babu Owino, who also missed the session, tweeted that he was not in Parliament on Wednesday as his case was coming up for hearing on Thursday, hence was in a meeting with his lawyer.

“I can’t support an oppressive Bill, a Bill that will kill Kenyans,” Mr Owino tweeted.

He said there is still hope for the Bill as the most important stage of the proposed legislation, which is the third reading, is still coming. 

“Fellow Kenyans, the main, most important, more significant and crucial stage of a Bill like the Finance Bill is the third reading stage where voting will take place for each clause. This will be next week,” Mr Owino said.

Reporting by Moses Nyamori, Roselyne Obala and Samwel Owino