Kenya's Jubilee Party will have unfettered control over both the
National Assembly and Senate, which will see it push through its
legislative agenda, including amendments to sections of the Constitution
that require a two-thirds majority.
As of Friday,
Jubilee had 194 MPs out of 337 in the National Assembly and the number
could rise as the country awaits the Independent Electoral and
Boundaries Commission (IEBC) to gazette the names of nominated MPs,
where Jubilee will claim the lion’s share of the available 12 slots.
In
addition, the party will also enjoy the support of independent MPs, who
insiders say, could be offered slots in parliamentary committees to
entice them to back Jubilee.
In the Senate, Jubilee
claimed 27 out of 47 available and is assured of more nominated senator
slots, based on its performance in this election.
Political Parties Fund
Combined
with the privileges it will enjoy from the State as the ruling party,
Jubilee Party will also get the lion’s share of the Political Parties
Fund, which is usually allocated based on parties’ strength in
parliament.
The law requires the government to allocate at least 0.3 per
cent of the national budget every financial year to the Political
Parties Fund. Parties must have 20 elected members of the National
Assembly, three elected senators, three elected governors and 40 members
of County Assemblies to qualify for funding.
The first
agenda in the Houses will be election of speakers, a fight Jubilee will
engage in with an upper hand, though if need be, will have to lobby a
few Members of Parliament to get a two-thirds majority win in the first
round, if its numbers are below 232.
Gender rule
This
means that getting a two-thirds majority in passing crucial Bills that
could change the Constitution will be an easy task when the 12th
Parliament convenes.
Its inability to marshal
two-thirds majority in the last parliament made it difficult for the
ruling party to pass a gender rule, which could have seen the next
parliament strike a deal to see more women in parliament.
While
President Kenyatta controlled the majority in the National Assembly
with a combined force of 167 MPs, the opposition had 130 MPs, with the
rest going to small parties that later teamed up with the ruling party.
This
“tyranny of numbers” helped the Jubilee government push through its
agenda in the 11th Parliament, including amendments to crucial electoral
laws despite protests from a numerically weak opposition. Some of the
laws, however, were declared by the courts to be unconstitutional.
However,
in the just-concluded elections, the number of opposition MPs has
dropped significantly. It is also likely that Jubilee will work with
those elected on friendly parties like Maendeleo Chap Chap and the
independents.
Jubilee trounced the opposition parties
in regions where internal competition among affiliates of the National
Super Alliance (Nasa) split the votes.
Raided strongholds
For
instance, Jubilee Party won nine seats in western Kenya, perceived to
be an opposition stronghold due to internal competition between
affiliates Orange Democratic Movement, Amani National Congress and Ford
Kenya.
Jubilee increased its numbers in parliament
courtesy of the inroads it made in Nasa’s strongholds like Kakamega
(four), Bungoma (four), Kisii (two), Nyamira (two) and Migori (two).
The
ruling party campaigns in Machakos and Kitui counties, the strongholds
of Wiper Democratic Movement, headed by Kalonzo Musyoka, Mr Raila
Odinga’s running mate bore fruit after winning three seats — Machakos
Town, Kitui East and Kitui South constituencies.
A weak
opposition in parliament will expose the country to bogus laws and
skewed appointment of key government officials who only need endorsement
by MPs in order to assume office.
According to the
Constitution, parliament vets senior government officials, among them
Cabinet Secretaries, Principal Secretaries and members of various
constitutional commissions.
Once sworn into office,
President Kenyatta and his Deputy William Ruto will embark on
constituting a government, which will see some fresh faces joining as
Cabinet Secretaries and heads of constitutional commissions, whose terms
in office are almost coming to end.
For instance, the
term of the Salaries and Remuneration Commission commissioners ends in
November this year, and parliament will vet new appointees before formal
appointment by the president.
Successors
Other
senior government officials whose terms will come to an end next year
are Attorney-General Prof Githu Muigai and Director of Public
Prosecutions Keriako Tobiko, whose successors will have to pass through
Members of Parliament before President Kenyatta makes the formal
appointments.
Committees, where most parliamentary work
is done will also be dominated by Jubilee MPs and their numbers will
rise if independent MPs and other parties are co-opted to elbow out the
opposition.
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