Why it’s no walk in the park for nominated MPs

On August 17 this year, as the Senate failed a record nine times to reach a middle ground on the controversial revenue-sharing formula, two senators chose a different path, and seized the opportunity to speak on what they have been going through as nominated lawmakers. 

Ms Naomi Waqo and Ms Iman Falhada, both nominated through the Jubilee party, said they could no longer keep quiet after they were intimidated by people they did not name to carry themselves in a particular way.

“Even if I’m nominated, I will not allow anybody to intimidate me,” said Ms Waqo.

“When we say something, we are told ‘remember you’re nominated’. I will not be intimidated because my future is in God’s hands,” she added.

Ms Falhada said on that particular day, she was called and told not to be seen in the corridors of Parliament. “I will not allow anyone to intimidate me. I have been receiving calls (telling me) that I should keep off the Senate,” she said.

The experiences of the two MPs lifts the lid on what nominated lawmakers go through at the hands of party leaders.

The decision by the party to target the nominated lawmakers has re-ignited the debate on the curse of the office of a nominated MP and the risks that have traditionally been associated with the seat.

Special interests

On paper, nominated seats are supposed to be the preserve of special interests and marginalised groups like women, workers and those with physical disabilities.

However, that has seldom been the case and political party bigwigs have used the slots to reward loyalty, oftentimes reducing the holders of nominated positions to “flower girls”.

Before the 2010 Constitution, there were only 12 nominated seats provided in the then unicameral parliament and the President chose who would get the slots.

With the 2010 Constitution, the number of nominated seats rose to 32. While the 12 seats were retained in the National Assembly, an additional 20 seats were created in the Senate, out of which 16 are allocated to women nominated by political parties according to their numerical strength in the House, two members — one man and one woman — representing the youth and another two members representing persons with disabilities.

Senate Majority Whip Irungu Kangata dismissed claims of discrimination, arguing that under the commonwealth practice and party rules, those nominated have a specific agenda of pushing party positions, both in and out of Parliament.

Disciplinary action

“Whereas this duty falls on those elected, it is more pronounced for nominated leaders. When they openly defy the party leader, the essence of democracy is killed,” he said on the decision to push for disciplinary action against the nominated lawmakers.

While recent developments in law have tightened the process of nomination, going further to provide steps for such nominations, the procedure is still open to abuse, like in the nominations of Maina Kamanda and Oburu Oginga, none of who fits the criteria.

There was also the controversial nomination of Hosea Onchwangi to the Senate in 2013, which was believed to have been facilitated by a member of the National Assembly from Kisii County. Mr Onchwangi served a full term without uttering a single word in Parliament.

The mandate of deciding who to nominate is now vested in the electoral commission, but there are concerns that the weaknesses of the past still get through.

Political parties are supposed to develop a list of those they want nominated, in line with the constitutional provisions. The party list is drawn in a zebra format, alternating a woman and man and is then left with the commission, which, using the criteria in the law and the party strength in either of the Houses, nominates the candidate.

During his time, President Daniel arap Moi perfected the act of nominating party loyalists, whose only role was to shore up the voting numbers in the House and entrench the Kanu dictatorship.

In the 24 years of his rule, such rabble-rousing politicians as Kariuki Chotara, Mulu Mutisya, Ezekiel Bargetuny and Mark Too found their way into Parliament.

After the first multi-party General Election in 1992, Moi nominated politicians Joseph Kamotho and Ndolo Ayah on the basis of loyalty after they failed to win election on Kanu tickets.

Elective politics

In 1997, Yusuf Haji, who had served as a powerful member of the Provincial Administration, and Mark Too, were nominated for their loyalty.

When Moi wanted Uhuru Kenyatta to succeed him, he turned to Mr Too, who was forced to resign from Parliament to pave way for Uhuru.

With the exit of Mr Too in October 2001, Uhuru was nominated, setting the stage for his appointment to the Cabinet and subsequent pick as Moi’s successor a year later.

However, it has not been all gloom for nominated MPs.  Some have used the opportunity as a springboard and launched successful careers in elective politics.

Nominated in 2002, Ms Cecily Mbarire graduated to elective politics in 2007 and 2013 as Runyenjes MP, as did Adelina Mwau (Makueni deputy governor).

Similarly, 2007 nominees Millie Odhiambo (Suba North MP), Rachel Shebesh (Nairobi woman representative) and Maison Leshomo (Samburu woman representative), got elected in the subsequent 2013 elections.

Current Nairobi Senator Johnson Sakaja and Gilgil MP Martha Wangari have also used the nomination slots to win election in subsequent polls.

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