Raila Odinga’s plot to frustrate President Ruto's tax plan
Azimio leader Raila Odinga during a press briefing at the Jaramogi Oginga Odinga Foundation offices in Nairobi on June 5, 2023. His team plans to deploy delay tactics on Tuesday.
A major showdown looms in Parliament on Tuesday following the revelation of a filibustering scheme by opposition MPs to frustrate the passage of the controversial Finance Bill 2023, by introducing an avalanche of amendments.
Sunday Nation has learnt that the Azimio La Umoja One Kenya Coalition has instructed its members to deploy delay tactics that could see the Committee of the Whole House session run late into the night and possibly witness major disruptions.
This even as the Raila Odinga-led team begins to prepare court papers to challenge some of the controversial tax measures by President Ruto after realising that they are likely to lose in the vote due to Kenya Kwanza’s superior numerical strength in the National Assembly.
An Azimio official disclosed that the coalition seeks to force a division in every clause of the Bill at the Committee of the Whole House where members vote on each clause.
“Our members have been told to force a division in every clause. We will ensure every clause is voted on. We also expect a full House on that day after the bashing of those members who skipped the last vote, meaning it would take more time to take a vote on a single clause,” said the official, who spoke off record.
Controversial Bill
Rarieda MP Otiende Amollo confirmed the strategy by disclosing that a host of members from the Minority side have lined up amendments to the controversial Bill.
“Any individual member has the discretion to introduce an amendment at the Committee of the Whole House stage. I am aware of members from the Minority side who have proposed many amendments,” said Dr Amollo.
While admitting that the opposition may not have the necessary numbers to block the passage of the Bill, the senior counsel said the coalition is considering going to court to challenge both the content of the Bill and the procedure for voting at the second reading.
“With those numbers, even if all the members who were absent, including those from Kenya Kwanza, were to vote against the Bill, the ruling alliance would still have its way on this matter. But I can tell you we have other options,” said the MP.
Azimio leaders led by National Assembly Minority leader Opiyo Wandayi during the press conference at Parliament Buildings on June 8, 2023.
“Senator Okiya Omtatah is already there, and we are consulting with him. At a personal level, I will join the team that is already in court,” he said.
ODM Chairman John Mbadi claimed the Bill was not properly introduced in the House as contemplated in the Public Finance Management (PFM) Act, 2012 and the Standing Orders, in what could also form the basis for the legal contest.
Mr Mbadi said the Bill contravenes the amended PFM Act section 40 and Standing Order 244 (c) (4) which requires the National Treasury Cabinet Secretary to table the proposed legislation after the budget highlights speech.
“On the same date that the budget policy highlights and revenue-raising measures are pronounced, the Cabinet Secretary shall submit to Parliament the Finance Bill, setting out the revenue-raising measures for the national government, together with a policy statement expounding on those measures,” reads Section 40 (3) of the PFM Act.
But the ruling alliance yesterday dismissed claims by the opposition, vowing to have the Bill become law this week.
National Assembly Chief Whip Silvanus Osoro (South Mugirango), Eldas MP Aden Keynan and Zaheer Jhanda (MP, Nyaribari Chache) said the Wednesday vote was a confirmation that the Bill enjoys overwhelming support among the lawmakers.
Of the 257 members who were present in the House during the vote, a total of 176 MPs — mostly from Kenya Kwanza — voted in support while 81 MPs — mostly drawn from the opposition Azimio — rejected the Bill.
Mobilising members
Mr Osoro said Kenya Kwanza is prepared and is already mobilising members of the House, including those from the opposition, for the crucial vote that will convert the Bill into law.
He said the Departmental Committee on Finance and National Planning has made amendments on some of the contested clauses, accusing the opposition of engaging in propaganda and misconception about the proposed tax measures.
National Assembly Finance and National Planning Committee chairperson Kuria Kimani. The committee has made amendments to some of the contested clauses in the Finance Bill 2023.
“We are prepared and have mobilised our members to have the Bill passed. We cannot lose as a government,” said Mr Osoro.
He added: “There have been a lot of misconceptions about the Bill. It has to be clear that the government depends on taxes to provide services. There are some clauses which we have amended, including the Housing levy that has been reduced to 1.5 per cent from three per cent.”
Mr Keynan said the Bill enjoys overwhelming support in Parliament, and asked the opposition to stop engaging in unnecessary political theatrics.
“The Bill presents the country with a realistic, objective and painful sacrifice for the final social and economic development of our country. The tax measures contained in the Finance Bill, 2023 are necessary steps in our long-term vision that will ultimately pay dividends,” said Mr Keynan.
Mr Jhanda exuded confidence that nothing can block the passage of the Bill given the number of MPs supporting it.
“The Finance Bill will sail through on Tuesday with over 200 votes. There comes a time we must make painful decisions for the nation to rise and stop borrowing and build a stronger revenue base in order to finance the robust housing project, universal health coverage, infrastructure and better service delivery to the people,” said Mr Jhanda.
But National Assembly Minority Leader Opiyo Wandayi warned that should the ruling alliance push through the Bill, they would resort to other options.
Although he declined to disclose what is up the Azimio coalition’s sleeve, Mr Odinga had indicated the opposition could be forced to call for a fresh round of mass action in demanding a low cost of living.
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. The Azimio team is to prepare court papers to challenge some of the controversial tax measures by President Ruto after realising that they are likely to lose in the vote due to Kenya Kwanza’s superior numerical strength in the National Assembly.
“It is not yet over until it is over. We intend to engage with the Bill and its promoters during the proceedings of the Committee of the Whole House and beyond,” said Mr Wandayi.
He added: “As parliamentarians, we just exercise delegated power. In circumstances such as now when Parliament has let down the people by ignoring their input on the Finance Bill, the people themselves can reclaim their authority and exercise as they deem.”
Wiper Secretary-General Dan Maanzo, who is also the Makueni senator, told Sunday Nation that the party has instructed its members to be present for the crucial vote.
He said the party has told its members not to leave the House to avoid a scenario witnessed Wednesday when a vote was called with 85 members absent.
Mr Maanzo warned the coalition’s 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,” he said.
Little wiggle room
Democratic Action Party of Kenya (DAP-K) Secretary-General Eseli Simiyu, however, admitted that there is little wiggle room left for the opposition.
He said Kenya Kwanza will largely have its way on the floor of the House.
“Third reading is just a formality. Most attempts to amend it by the Minority will be futile and Kenya Kwanza will play with that to further humiliate the Minority,” said Mr Eseli.
Another loss in this Bill will be a major political blow to Mr Odinga and his co-principals’ quest to push President Ruto to lower the cost of living after the bi-partisan talks that were meant to address the skyrocketing cost of basic food items also collapsed.
Mr Odinga has found himself being taken in circles by the government side at talks on the post-election crisis he triggered after denouncing President Ruto’s win in the August 9, 2022 polls, leaving him with slim options in dealing with the new administration.
Mr Odinga’s fortunes in Parliament have also continued to dwindle after some of his partners during the run-up to the last poll abandoned him.
At the moment, the coalition is fighting off a spirited attempt by Jubilee MPs allied to Dr Ruto who are seeking to pull out the former ruling party from the opposition coalition.
