A fresh row has erupted over whether Mr Kalonzo Musyoka’s Wiper party can withdraw from the Azimio La Umoja One Kenya Coalition party before the August General Election. And it has emerged Wiper has opposed the expansion of membership of a top decision making organ of the coalition party from seven to 11 because it will upset the power balance and hand ODM a majority.
Yesterday, Mr Musyoka’s allies cautioned they can’t be held hostage through a flawed agreement that imposed a timeline before registration of the coalition party and insisted they can still explore other options if their demands are not met. But supporters of Mr Raila Odinga, who is the coalition’s presidential flag bearer, countered that Wiper is stuck with the outfit, citing a clause that bars parties to the coalition party from exiting six months to the elections.
The subject of the varied interpretation by the rival camps is Article 22 of the coalition agreement on withdrawal of parties.
“Any party may withdraw from this coalition agreement upon giving 90 days’ notice to the coalition council of its intention to withdraw from the coalition party,” reads the first section. The second adds: “No party may withdraw from the coalition six months before the August 2022 General Election or within three months after the date of the said General Election.”
Kitui Senator Enock Wambua argued that six months to the elections was February 9 and the coalition party had not been registered at the time. He added: “Has Azimio la Umoja One Kenya coalition party been registered? How can you exit from something which has not been registered? We have written a letter saying that it cannot be registered.”
Makueni Senator Mutula Kilonzo Jnr argued the recent amendment to the Political Parties Act provides that a coalition political party is registered 120 days to the elections hence the six months’ timeline imposed in the coalition agreement violates the law.
Wiper Secretary-General Shakila Abdalla acknowledged the agreement ties the parties in but said the disclosure was being done late in bad faith.
The notice of registration of the coalition party was published yesterday. Registrar of Political Parties Anne Nderitu said Wiper’s protest letter was yet to be presented to her.
“We are not short of options in Wiper. We are not going to be coaxed into doing things we don’t believe in,” Mr Wambua said. But ODM Secretary-General Edwin Sifuna insisted Wiper is stuck with the coalition party.
Lawyer Lawrence Njiru said: “I was part of drafting the clause (Article 22), we made it right to ensure no partner frustrates the campaigns six months to the election and six months after, to disorganise the formation of the new government. No one can pull out.
There is no window for one to go back, we will resolve the matter internally.” Another lawyer, Martin Oloo, said: “The Wiper leaders should have read the document before signing. If they opt out now, they will have to face the consequences.”
Newszetu has reliably established that the genesis of the storm is the backroom commitments sealed following lengthy talks involving President Uhuru Kenyatta, Mr Musyoka and Mr Odinga at State House in February. The three leaders agreed on seven council members as the top body for the coalition party – Jubilee took three slots while ODM and Wiper got two slots each.
“There was a reason why the council composition is seven. It is an act of bad faith to bring on board others and expand the council to eleven without the consent of all parties,” Mr Kilonzo Jnr said. He argued that if Mr Odinga wants to accommodate the likes of DAP-K, Maendeleo Chap Chap and Muungano Party, they should seal an agreement with ODM.
Additional reporting by Onyango K’onyango
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