Party indiscipline: Defections with no consequences

• It has become common for some members of Ruto’s UDA to rally their supporters to deny him a second term.
• On paper, the rebel leaders remain members of their 2022 sponsor parties, but in public, they have switched camps.
• Interviews with party officials and lawyers point to a cocktail of legal and political loopholes that have continued to be exploited in cultivating the culture of party-hopping. 

In political rallies, it has become common for some members of President William Ruto’s United Democratic Alliance (UDA) to rally their supporters to deny him a second term, when on the other hand some Jubilee Party leaders drum up support for his re-election.

On paper, the rebel leaders remain members of their 2022 sponsor parties, but in public, they have switched camps, and are now seeking re-election on the new parties. Some of them have become top party officials in their new outfits.

This is the chaos that has characterised the country’s political landscape 11 months to next year’s General Election as parties remain helpless and unable to instil discipline. 

Some of the outfits have not made any attempts to initiate disciplinary action against the rebel members, pointing at a system that has given up on protecting party rules.

Interviews with party officials and lawyers point to a cocktail of legal and political loopholes that have continued to be exploited in cultivating the culture of party-hopping. 

The long and winding appeal mechanism that has made it near-impossible to expel rebel elected leaders has been cited as a major recipe for the culture. Arbitrary and irregular political partnerships, especially after every election, have also been cited. 

The law barring the Independent Electoral and Boundaries Commission (IEBC) from holding any by-election 90 days into the General Election, has also fuelled party indiscipline, especially in the period preceding a General Election.

“Are the parties themselves disciplined before they can ask their members to adhere to the rules? Most of our parties are election vehicles. People who purport to be members join just to win their seats. Some parties also sell their nomination tickets,” observed constitutional lawyer Bobby Mkangi.

“The parties are not rooted in any ideologies. That is why after elections you find rival parties joining hands without consulting their members,” he added.

In Mt Kenya, a majority of UDA elected leaders have joined the Democracy for the Citizens Party (DCP) of former Deputy President Rigathi Gachagua. The party has become popular in the region that overwhelmingly voted for Dr Ruto in 2022.

Mr Gachagua has since name Nyandarua Senator John Methu DCP Secretary-General designate. Mr Methu who is a UDA elected senator, remains a member of the ruling party.

Other UDA leaders who have publicly joined DCP are Governors Irungu Kang’ata and his Nyandarua counterpart Kiarie Badilisha. Senators Joe Nyutu (Murang’a), Karungo Thang’wa (Kiambu) and James Murang (Kirinyaga) have also ditched UDA for DCP.

Other defectors are MPs Benjamin Gathiru alias Mejja Donk (Embakasi Central), James Gakuya (Embakasi North) and Edward Muriu (Gatanga).

Kiharu MP Ndindi Nyoro has also joined People’s Party of Kenya (PPK) as its leader as politicians seek new formations and alliances that they believe would improve their electoral prospects.

“The UDA party has abandoned Kenyans and that is the reason all of us moved away from the governing party,” Mr Nyoro said recently.

Nyali MP Mohammed Ali, who was also elected as UDA MP, has also joined Wiper Patriotic Front of Kalonzo Musyoka as Deputy Party Leader-designate.

In ODM, Nairobi Senator Edwin Sifuna started promoting his Linda Mwananchi faction in a supremacy battle with ODM party leader Oburu Oginga, way back when he was still serving as the outfit’s Secretary-General.

With him in the political faction are Siaya Governor James Orengo, Vihiga Senator Godfrey Osotsi, Embakasi MP Babu Owino and his Suba South counterpart Caroli Omondi.

Other ODM elected members publicly promoting Linda Mwananchi are Kisii Senator Richard Onyonka, MP Anthony Kibagendi (Kitutu Chache South), Clive Gisairo (Kitutu Masaba), Wilberforce Oundo (Funyula), among others.

Saboti MP Caleb Amisi, another ODM member, has also joined the National Renaissance Party (NRP) as its leader going into the next poll.

ODM Co-Deputy Party Leader, who is also Mombasa Governor, Abdullswamad Nassir said it was impossible to initiate disciplinary proceedings against the members.

He cited time constraints and the long and winding legal process involved in expelling a member.

Governor Nassir suggested a review of the Political Parties Act, saying it was near-impossible for political parties to contain party-hoping.

“It is quite a process. People are taking advantage of the law because it takes time to exhaust the available appeal mechanism,” said Mr Nassir. He said the country needs a discussion on whether to review the law to ensure there is discipline in political parties.

But UDA National Elections Board (NEB) chairperson Anthony Mwaura said they continue to punish some of the rebel members. He said the party managed to expel nominated senator Gloria Orwoba. Mr Mwaura said the ruling party also succeeded in punishing rebel MCAs in Kiambu and Nyandarua.

Mr Amisi and Mr Gathiru, however, blamed the outfits and their leaders. The two said some of the leaders have ended up making arbitrary decisions on behalf of the parties without proper consultation. They cited the current broad-based government where UDA and ODM members were required to back the deal.

“In a moment of collaboration like what happened between UDA and ODM, members should be allowed to make their independent decision if they want to support such a deal or not,” said Mr Amisi.

He added, “When we were elected on ODM, we were not told that we would team up with Ruto. Some of us have been vocal against abductions and extrajudicial killings. This made it very difficult for us to support the deal.”

MP Gathiru shared similar remarks, accusing President Ruto of breaking the same party laws that he expects his UDA members to adhere to.

He accused Dr Ruto of donning ODM colours in political rallies. He also accused the President of handing ODM parliamentary committees that are ring-fenced for the ruling parties.

“The President is on record supporting ODM when there is no coalition agreement between the two parties. He, therefore, cannot initiate any disciplinary proceedings against any UDA elected leader,” said Mr Gathiru.

“Why should I be forced to work with ODM when I don’t agree with their ideologies? It is the President who started to promote a rival political party,” he said.

In the past, attempts by various parties to expel their members flopped.

 In 2023, the late Raila Odinga sought to expel MPs Elisha Odhiambo (Gem), Caroli Omondi (Suba South), Gideon Ochanda (Bondo), Phelix Odiwuor (Lang’ata) and Kisumu Senator Tom Ojienda for flirting with UDA. He failed.

Similarly, Jubilee in 2021 tried to expel nominated senators Isaac Mwaura, Mary Seneta, Falhada Dekow Iman, Naomi Jillo Waqo, Victor Prengei and Millicent Omanga.

But the decision made by then President Uhuru Kenyatta’s Jubilee faction was met with legal battles that saw the members serve until 2022.

The six senators, who were allied to then-Deputy President Ruto, quickly proceeded to the Political Parties Disputes Tribunal (PPDT) that put a stay on their removal. The matter later moved to the High Court.

Other previous attempts by ODM and the now-defunct Amani National Congress (ANC), formerly of Prime Cabinet Secretary Musalia Mudavadi also suffered the same fate, pointing to a legal framework that makes it near-impossible to kick out a member from a party.

Attempts by Mr Odinga in 2019 to kick out then Malindi MP Aisha Jumwa were thwarted by PPDT. She served until the end of her term despite her decision to support President Ruto’s campaigns in the run up to 2022.

In 2017, ODM unsuccessfully expelled then governors Ukur Yatani (Marsabit), Salim Mvurya (Kwale), Deputy Governor Joash Maangi (Kisii), MPs Steven Kariuki (Mathare), Mpuru Aburi (Tigania East), Gideon Mung’aro (Kilifi North), Mustafa Iddi (Kilifi South), Cyprian Kubai (Igembe Central) and James Rege (Karachuonyo) for backing Mr Kenyatta’s re-election.

Other rebels that were targeted for expulsion in the run-up to the 2017 General Elections were Samuel Arama (Nakuru Town West), John Waluke (Sirisia), nominated MP Isaac Mwaura and Kwale County Woman Representative Zainabu Chidzuga.

In 2019, Mr Mudavadi’s attempt to kick out then ANC-nominated MP Godfrey Osotsi (now Vihiga Senator) failed. The court ruled in his favour.

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