The Speaker of the National Assembly the Rt. Hon. (Dr.) Moses Wetang’ula yesterday ruled to retain the Hon. Sabina Chege (nominated) in her position as the Deputy Minority Whip until such a time when the Minority Party will convey the appropriate communication on her replacement.

In a Communication to the House last evening, the Speaker faulted the Minority Party for providing incomplete communication to him regarding the matter, thus contravening the provisions of Standing Order 20A of the National Assembly Standing Orders. 

He told the lawmakers that his decision was premised on his desire to uphold the Constitution and the Standing Orders.

“ Honourable Members, I take this decision conscious of the fact that as your Speaker, my duty is to uphold the Constitution, any law and the Standing Orders to the extent to which they relate to the management of the business of theHouse.”, he held.

He further told the House that while the Standing Orders contemplate that the process of a replacement of a Whip would provide a substitute to the leader being removed, the Party had provided none. 

He also revealed that he had received two correspondences from the Jubilee Party with conflicting information. The first from former Ndaragwa MP, Hon. Jeremiah Kioni signing off as the party’s Secretary-General, sought to notify the House the Leadership of Jubilee Party and its nominee to the Speaker’s Panel outside of the coalition. The second was from EALA lawmaker, Hon. Kanini Kega signing off as the Acting Secretary General of the Party. This latest Communication conveyed certain changes to the Party including the appointment of a new party leader.

Drawing analogies from other Parliamentary jurisdictions, Speaker Wetang’ula told the House that he had elected to recuse himself from the decision on the question of which formation of the Azimio Coalition or the Jubilee Party he should recognize in the House.  He held that the determination of political party disputes is best left with the relevant constitutional and statutory bodies.

The Minority Party Leader Hon. Opiyo Wandayi through a Communication to the Speaker dated 14th April, 2023 had sought to convey the Minority side’s decision to de-whip Hon. Sabina Chege. Hon. Chege had however argued that her proposed removal contravened Article 47 of the Constitution-which grants every person the right to administrative action that is lawful, reasonable and procedurally fair. 

Speaker Wetang’ula however granted the Minority Party a period of 30 days to convey the appropriate communication on the replacement of Hon. Chege.

At the same time, the Speaker ruled that while Jubilee Party meets the threshold to be recognized as a Parliamentary Party pursuant to Standing Order 20A(1), he was hesitant to invoke the provision given the myriad correspondence he had received from the Party with respect to its leadership and the persons authorized to communicate on its behalf to him. 

The Speaker’s guidance on this matter had been sought by Nakuru West legislator, Hon. Samuel Arama who wanted  Jubilee Party to be recognized as a Parliamentary Party as per the provisions of the Standing Orders.