The ouster of Aden Duale and Kipchumba Murkomen as the leaders of the majority in the National Assembly and Senate respectively, prior to the 2022 General Election, has pushed lawmakers to adopt new Standing Orders to protect the two powerful posts.
Duale, the Garissa Town member of parliament-elect, and Murkomen, the Elgeyo Marakwet senator-elect, blamed outgoing President Uhuru Kenyatta for their ouster, terming it a well-orchestrated witchhunt.
To that effect, political parties seeking to remove the leader of the majority, the leader of the minority and their deputies in Parliament will have to produce a list of names and signatures of members in support of the removal to the house.
This is in accordance with the new standing orders (6th edition) set to take effect in the incoming 13th Parliament.
According to Standing Order Number 19, the process will be initiated by submission of a motion accompanied by more than a quarter of the total number of members of a party or coalition.
This will pave way for voting by all members of the party or coalition. For the removal to succeed, the initiator must secure the majority of votes of all members of the party.
Subsequently, the majority whip will notify the speaker in writing and present the names and signatures of members in support of the removal.
The whip will also be required to present the minutes of the meeting where the above-mentioned decision was arrived at.
“A member of the largest party or coalition of parties may propose the removal by submitting a motion for consideration by the largest party or coalition of parties together with the names and signatures of at least a quarter of all the members of the largest party or coalition of parties in support,” reads the Standing Orders.
“The party seeking to remove a leader in the aforementioned circumstances will be required to submit the minutes of the meeting where such a resolution was made and issue a written notice to the speaker.”
Upon reaching the speaker, the seat will be declared vacant allowing the party in question to initiate the process of electing a new leader of the majority as provided for in the Standing Orders. This procedure is also applicable in the procedure for removing the leader of the minority.
The rules will be a shift from the previous process where members proposing to oust a leader of the majority or the minority were required to issue a notice to the speaker and subsequently the position would be declared vacant.
These new rules are a result of amendments ratified in June 2022 by members of the 12th Parliament. The regulations stemmed from complaints by former occupants of these offices.
A parliamentary group meeting held at the Kenyatta International Convention Center (KICC) resolved to replace Duale with former Kipipiri MP Amos Kimunya in 2020 . Duale who is a close ally of president-elect William Ruto found himself in unwanted situation after a fallout between President Uhuru Kenyatta and his deputy .
The 13th parliament is expected to convene for the inaugural sitting on Thursday, September 8, following a gazette notice by the outgoing President Uhuru Kenyatta.
Lawmakers will be sworn in before electing both speaker and deputy speakers to officially commence their operations.
