A loophole in the Jubilee Party constitution on the fate of interim officials who resign or are redeployed has turned out to be the magic bullet that President Uhuru Kenyatta’s allies need to elbow Deputy President William Ruto aside.
The party constitution gives sweeping powers to its leader, Mr Kenyatta, who has “overall authority over the other officials and members of the party”.
This, coupled with the move by officials to seek an extension to the March party elections deadline, has complicated matters for DP Ruto and his allies in their attempts to resist the changes made by Secretary-General Raphael Tuju on the party’s National Management Committee.
“The party leader and the deputy party leader shall nominate interim national officials of the party having regard to the officials and strengths of the parties being dissolved … and the best interests of the merged party,” section 33(3) of the constitution states.
While this section had expressly provided that the two leaders will be involved in the naming of the interim officials when the party was formed in 2016 — led by Mr Tuju as its secretary-general — the rules are silent on what happens if interim officials are moved or resign.
Mr Tuju insists that the move to axe Ms Veronica Maina, Ms Fatuma Shukri and Ms Pamela Mutua — on the basis of their being appointed to government — and the inclusion of Ms Lucy Nyawira Macharia, Prof Marete Marangu, Mr Walter Nyambati, Ms Jane Nampaso and Mr James Waweru had the blessing of President Kenyatta.
The DP has termed the changes fraudulent and “the work of crooks”.
He has, in a show of might, boasted of how he got 146 MPs to petition Registrar of Political Parties Anne Nderitu not to sign off on the changes.
“146 elected MPs, or 70 per cent, from the Senate and the National Assembly have rejected the fraudulent and illegal attempted changes by heartless gangsters taking advantage of the Covid-19 pandemic when Kenyans are anxious about their health and survival,” he tweeted.
Even then, he was careful not to involve his boss in the fight, saying, “(those making the changes) are not Uhuru’s men. They are crooks.”
Ms Nderitu has asked Mr Tuju to provide Jubilee Deputy Secretary-General Caleb Kositany with the documents he has demanded: minutes of any National Management Committee (NEC) meeting held from September 2017 to date, documents or forms filed for change or intended change of constitution or membership of party officials, and any other official correspondence regarding the purported decisions by the party.
The Soy MP also wants documents of resignations of any party official, appointment of national officials, party returns, and a copy of the constitution filed with the registrar.
“Kindly note that this office is in the process of consolidating the documents as per your request and will notify you at the soonest available date,” Ms Nderitu told Mr Kositany in a letter.
In a separate letter, Ms Nderitu asked Mr Tuju to furnish her office with the documents. “In line with Section 17 and 18 of the Political Parties Act, your party is notified to comprehensively provide these particulars for inspection and processing of this request,” she said.
While the Jubilee constitution only says that Mr Ruto, as the deputy party leader, “shall deputise the party leader, and… perform such functions as the party leader may direct him or her to do”, the document allows joint functions that give the DP an edge in the fight — albeit the faintest.
The party constitution states that the two leaders “may summon” a meeting of the National Executive Council.
It also allows the DP, in the absence of the party leader, to chair a joint forum of the NEC, Cabinet secretaries, principal secretaries and ambassadors at least once every year.
Ms Nderitu on Wednesday sought to assure party members of impartiality.
Additional reporting by Justus Ochieng
