Those allied to the Deputy President want the plum position to be taken by Musalia Mudavadi’s Amani National Congress (ANC) who would serve as the opposition in Parliament.
The two legislatures added that they were ready to move to the High Court to seek an interpretation of the current Parliament setup.
“We have resolved to write to Speaker Muturi to give a ruling on whether we still have a Minority (parties) coalition in the current political setup. ODM is basically in government and should not continue drawing benefits of the Minority party,” said Kositany as reported by the Standard Newspaper.
According to Kositany, ODM is running the government and Kenyans cannot expect them to oversight the excesses of the same government and the only party which is still practicing the opposition role is the ANC and they should, therefore, be handed the seat.
Kositany views were echoed by Serem (Pictured Below) who said they are ready to kick out ODM MPs from Minority leadership positions as well as oversight committees held by the opposition.
“You cannot be in government and at the same time be in the opposition. How can you oversight yourself? You cannot be a referee and a player at the same time.
“We are first going to seek a ruling by the Speaker. If we don’t succeed, then we will proceed to the High Court for interpretation,” Serem said.
Another Ruto ally who was of the same view is Nakuru Senator Susan Kihika who viewed the current set up in Parliament leadership like that that would upset the checks and balances stipulated in the Constitution.
“There is no clear distinction between the Majority and Minority leadership,” said Ms. Kihika.
According to Kihika, if the issue was the MPs allied to Tangatanga then the house leadership should have been handover to the Kieleweke brigade and not ODM.
The claims have however been dismissed by Raila’s allies taming the move by Ruto’s allies as “a wistful and desperate attempt” by the demoted Tangatanga MPs and urged the National Assembly Speaker not to entertain “hot air” in the House.
According to Senate Minority Whip Mutula Kilonzo Jnr, ANC nominated MP Godfrey Osotsi, National Assembly Minority Leader John Mbadi, Public Accounts Committee (PAC) chair Opiyo Wandayi, Minority Whip Junet Mohammed and Gladys Wanga (Homa Bay) ODM still legally remains the Minority party.
ODM members insisted that their party has not entered into any post-election coalition agreement with Jubillee. According to the MPs, the Parliament’s Standing Orders do not hinder any member from contesting and chairing any of the House committees.
According to them the Standing orders only reserve leadership for Minority coalition members in oversight committees which include; PAC, Public Investment Committee (PIC), and Implementation Committee.
“We have not signed any memorandum of understanding with the Jubilee Party or deposited any signed instrument at the Office of the Registrar of Political Parties. We are not part of the Executive,” said Mbadi.
Mbadi urged those who are opposing the Minority side chairing some committees to go read the procedure and framework of how Parliament operates, citing articles 108 and 109 of the Constitution.
According to Mbadi, there is no place in law where the chairpersons of committees and the vice are reserved for the Majority. The Practice since 2013 is that Jubilee had a monopoly since they had the numbers and pushed this through.
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“Kimani Ichung’wah was the Budget and Appropriations Committee chairperson. Who elected him? Similarly, in the last parliament, Mutava Musyimi chaired the same committee without any election, but the tyranny of numbers,” Mbadi said.
The Minority Whip, Mohamed Junet argued that the leadership of the committees is won based on the strength of the candidates and their ability to marshal numbers, adding that it is not a party affair.
“The purpose of all members irrespective of the parties taking part in an election is to give everyone an equal opportunity to contest. Even Tangatanga members, if they can marshal the numbers, will be elected chairpersons of the committees,” he said.
