Blow to Azimio as tribunal suspends Senate minority leadership changes

Azimio Senate walkout

Sentors affiliated with the Azimio la Umoja–One Kenya Coalition stage a walkout on September 8, 2022. The coalition suffered a major setback in its bid to change its leadership in the Senate after the Political Parties Disputes Tribunal (PPDT) temporarily stopped communication of the proposed changes.

Photo credit: File | Nation Media Group

What you need to know:

  • The Azimio la Umoja One Kenya Coalition yesterday suffered a major setback in its bid to change its leadership in the Senate after the Political Parties Disputes Tribunal (PPDT) temporarily stopped communication of the proposed changes.
  • The tribunal stopped the Senate Speaker from communicating the removal of Minority Whip Fatuma Dullo pending the hearing and determination of a petition filed before it by the Isiolo senator.
  • This means the changes cannot be communicated before February 28, when further direction on the matter will be given.

The Azimio la Umoja One Kenya Coalition yesterday suffered a major setback in its bid to change its leadership in the Senate after the Political Parties Disputes Tribunal (PPDT) temporarily stopped communication of the proposed changes.

The tribunal stopped the Senate Speaker from communicating the removal of Minority Whip Fatuma Dullo pending the hearing and determination of a petition filed before it by the Isiolo senator.

This means the changes cannot be communicated before February 28, when further direction on the matter will be given.

Deputy Speaker Kathure Murungi said he would respect the orders of the tribunal, prompting a walkout by Azimio senators. Mr Murungi said he had planned to communicate the changes until the office of the Speaker was served with the orders yesterday afternoon.

On Wednesday last week, Azimio leader Raila Odinga announced changes in the Senate’s minority leadership, kicking Ms Dullo out of her position and replacing her with her deputy, Narok Senator Ledama Olekina.

Nairobi Senator Edwin Sifuna was to be the Senate Deputy Minority Whip while Kilifi Senator Stewart Madzayo remained as the Senate Minority Leader to be deputised by Kitui Senator Enoch Wambua.

Protest

Mr Madzayo protested the decision by Mr Murungi to delay the announcement, saying the tribunal has no power to serve and stop procedures of Parliament and this would be the first time a House is accepting such orders.

He also argued that the communication of the changes preceded the order and so should be communicated.

“PPDT cannot issue an order against Parliament. Your hands are tied as it stands now because we go with precedence,” said Mr Madzayo. “What we want as a minority is that the communication we gave you last week, that you have stayed with for so long, be communicated.”

Mr Sifuna also urged the Deputy Speaker to make the communication as the tribunal has no jurisdiction in the matter. He added that the order did not mention the position of the Deputy Minority Whip.

“We need guidance on when the communication of the position not covered with the order will be made. The rest we will go to court,” said Mr Sifuna.

Nonetheless, Mr Murungi refused to change his mind, saying he will look into the tribunal order and communicate the way forward.

“I don’t work in isolation but with a team, we will go through the court order and advise,” he said.

Mr Olekina argued that the positions are held at the pleasure of the party and anyone who defies their party is removed from such positions.

“Your hands are tied because a speaker is not a prefect of political parties. As a whip, I serve under the pleasure of my political party and if you go against party policies then you stand to lose all the privileges,” he said.

Nyamira Senator Okong’o Omogeni complained that the decision taken will only kill the independence and sovereignty of the Senate and rule of law, noting that “not even a county assembly can do what we are trying to do”.

“Let us not allow injunctions but make our stand clear and say we will not be hindered by the Judiciary or any other arm of government,” said Tana River Senator Danson Mungatana.

However, Senate Majority Leader Aaron Cheruiyot supported the decision by Mr Murungi, saying court orders must be respected.

“I urge you to follow the precedent set by the National Assembly which stopped vetting of principal secretaries because of a court order,” said the Kericho Senator.

Mr Cheruiyot’s sentiments were echoed by Kakamega Senator Boni Khalwale.