Jubilee Party headquarters has reinstated Kajiado MCAs in crucial House positions whose removal was instigated late last year by Governor Joseph ole Lenku.
This happened after a group of MCAs aligned to Speaker Johnson Osoi in July last year ‘refused to work’ with Lenku, and those in support of the governor also threatened to impeach the speaker.
The house was divided in the middle after the supporters of Lenku filed an intent in the House to impeach Osoi but numbers failed them.
Deputy Secretary-General, Caleb Kositany in a letter dated April 27 and which was received by Speaker Osoi on April 28, reinstated Majority Whip, Martin Kimemia, and Deputy Majority Whip Justus Ngossor with immediate effect.
The two, who were seen as standing on the way of the governor in attempting to take control of the House business, had been ‘removed’ by the Party Secretary-General Raphael Tuju in a letter dated November 1, 2019.
In the letter, Tuju recommended the installment of MCA James Waichanguru as Majority Whip and nominated MCA Grace Salau as his deputy, the positions Lenku claimed to have no powers over them.
Salau was placed in the position in a bid to demean Ngossor, who happens to come from the same ward, Ewuaso Enkindoong’i.
Kositany, while reinstating the two House leaders, said; “The impugned decision of Tuju to change the leadership of Kajiado County Assembly cannot stand any legal or procedural test.”
“It stands not on the constitution of the party, the standing orders of the assembly, or any other lawful pedestal. It has a legal effect, it is not recognised in law. It is null and void ab initio,” Kositany said in his letter.
Kositany, who is the Soi MP and an ally to Deputy President William Ruto, in the letter, said the party constitution does not grant such powers to the SG but instead designates the relevant party organs with such powers.
He argued that the two senior leaders at Kajiado County Assembly did not warrant the shame they underwent since there was no complaint about them received by the speaker.
“In our party, therefore, where a complaint is received against any member the available legal process is provided by Articles 13.1, 13.2, and 13.3 of the party constitution (on the disciplinary process).
In the Kajiado case, he further argued, no complaint was received against any of the officials and added that in the present case, the standing orders and party constitution has set up a mechanism for resolution of any complaint or dispute among officials.
Kositany said it is absurd that the purported letter requesting the changes did not originate from the county assembly because it could have had attached minutes of a voting process conducted by members.
“That purported letter by the Whip was not addressed to the Speaker of the House as is required,” said Kositany.
The House Whip, Julius Moipaai, MCAs James Lesere, and Samuel Teum are alleged to have drafted the said letter after approval of other MCAs loyal to governor Lenku and hurriedly taken to Jubilee Headquarters in Nairobi where Tuju acted on it.
Tanga Tanga Alignment
This happened after Lenku and MCAs aligned to him left Tanga Tanga wing of the Jubilee Party in November last year.
Lenku later attempted to reconcile with Osoi and his team after the governor failed to rally numbers in the assembly in a bid to bring down the speaker.
Governor Lenku had 25 MCAs, while Osoi had 16 MCAs supporting the speaker, and the rules say to impeach a speaker there should be 75 per cent of MCAs supporting the impeachment motion.
After the two positions were taken away from the supporters of Osoi, Lenku approached him and negotiated a peace meeting with the speaker where he told him to “let bygones to go” because he had no powers over the positions that were taken away from Kimemia and Ngossor.