The Orange Democratic Movement (ODM) on Wednesday kicked out Senate Deputy Minority Leader Cleophas Malala, dealing a blow on a coalition cobbled by President Kenyatta to help campaign for the Building Bridges Initiative (BBI).
Seventeen out of the 28 National Super Alliance (Nasa) lawmakers, mainly from the ODM, voted to have the Kakamega senator removed from the position, accusing him of not being loyal to ODM leader Raila Odinga.
The lawmakers also accused Mr Malala of inciting violence against ODM supporters during the March 4 by-election in Matungu, which was won by Mr Peter Nabulindo of Amani National Congress (ANC).
The move was double tragedy to ANC leader Musalia Mudavadi as it came hours after the High Court stopped his bid to have Nominated MP Godfrey Osotsi expelled from the party.
Kilifi senator Stewart Madzayo becomes the new deputy minority leader.
Mr Malala’s removal kicked up a storm with the three Nasa affiliates rallying behind him.
Wiper, Ford Kenya and ANC lawmakers pleaded with Speaker Kenneth Lusaka to reject the dismissal, terming it unilateral, unprocedural and running contrary to the agreement that established Nasa.
In a letter to the Speaker, Mr Kalonzo Musyoka (Wiper), Mr Musalia Mudavadi (ANC) and Mr Moses Wetang’ula (Ford-K) insisted there is an active pre-election agreement among the four Nasa affiliate parties “which ODM should honour”.
“ODM is blatantly in breach of the provision that obligates the sharing of legislative offices,” the three said, accusing the Orange party of taking advantage of its majority to “deliberately, violently and arrogantly” overlook the coalition’s decision-making organs.
“Nowhere in the agreement does it provide for unilateral decisions such as on House leadership. Neither should the House let culprits get away with their machinations,” they said.
The three party leaders urged Mr Lusaka to suspend Mr Malala’s removal “until such a time the coalition presents a legitimate list”.
They said ODM has been intolerant, “which has been demonstrated with the removal of Mr Wetang’ula as the Senate minority leader in 2018”.
In her ruling, Senator Rose Nyamunga, who was the acting Speaker, dismissed the letter, saying, the office of the Speaker cannot delve into internal party or coalition issues.
She added that Mr Malala’s removal was within the rules of the House.
“The role of the Speaker in the removal of a House leader is limited to receiving relevant correspondence as set out in the standing orders,” she said.
“I am therefore satisfied that the changes were done in accordance with the law and House rules.”
The three leaders have a total of eight lawmakers in the Senate.
Ford Kenya has one senator, Wiper has four and ANC three.
The ODM has 20 lawmakers in the Senate.
In another twist, senators allied to Deputy President William Ruto supported Mr Malala’s removal, arguing that in sharing out the seats, Mr odinga’s party had shown magnanimity.
At one point, leaders allied to the DP took to twitter to support the ODM decision.
“To be fair to ODM, they were magnanimous in giving leadership positions to the other members parties of Nasa,” Kericho Senator Aaron Cheruiyot tweeted.
“Now that the Cerelac coalition seems to have agreed to take on ODM and insult them… isn’t it fair that ODM flexes its muscles?”
The dismissal of Senator Malala is a blow to President Kenyatta, who is building a coalition of party leaders to help him push the BBI. Mr Kenyatta has hosted Odinga, Mr Mudavadi, Kanu boss and Baringo Senator Gideon Moi, Mr Musyoka, Bungoma Senator Wetang’ula and Ms Charity Ngilu of the National Rainbow Coalition at State House multiple times.
ODM has previously called for the expulsion of the other party leaders in meetings with the President.
President Kenyatta will have a hard time convincing the likes of ANC to work with ODM for the BBI.
Mr Malala’s removal is not surprising as he has been in the crosshairs of the party and its leader since last year’s debate on the third basis of the revenue-sharing formula.
At that time, the Kakamega senator took a position that was diametrically opposite to that of the party. Mr Odinga publicly rebuked Mr Malala, accusing him of being compromised.
Mr Malala was also part of a group of senators who opposed the sharing formula developed by the Commission on Revenue Allocation on account of it being discriminatory. BY DAILY NATION