Allies of Deputy President William Ruto intend to use a loophole in the party’s constitution to force a meeting of the party’s National Executive Committee (NEC) to deal with crucial issues that have torn the party down the middle.
The loophole allows the Deputy President and the President to summon NEC, in effect bypassing Secretary General Raphael Tuju, who has come under attack for failing to convene the NEC.
Yesterday, party sources also pointed to a push to have Tuju’s deputy Caleb Kositany convene the meeting, taking advantage of another clause that allows him to ‘deputise the Secretary-General.’
But with Covid-19 measures restriction on meetings, it is not clear how they plan to go about this, and whether they will carry on with their threats.
Contents of a protest letter by the Soy lawmaker over change of names to the party’s National Management Committee (NMC) betrayed the unfolding scheme that could throw the party into further turmoil and escalate hostilities between allies of President Kenyatta and those of his deputy.
“Arrangements are currently underway to convene the NEC meeting in compliance with the directions issued by the Registrar of Political Parties on 16th April, 2020. The registrar directed that any such changes should be made in accordance with the procedures and processes of the Jubilee party constitution and structures,” read the protest letter.
The Jubilee party was thrown into chaos following Tuju’s decision to replace members of NMC against the wishes of the DP’s allies.
Two weeks ago, the registrar of political parties directed that the party resolve the matter through internal party mechanisms, which would require convening of a NEC meeting to deliberate proposed changes to the NMC.
Tuju, however, proceeded to publish the new names, further angering the DP’s side that has now vowed to take matters into their own hands.
“Look at the party constitution. We have many options. We are preparing for the meeting, where we intend to make right all wrongs that have been done in Jubilee. It is not going to be business as usual,” said Mr Kositany yesterday.
The party constitution states that NEC can be summoned by the party leader and the deputy.
This implies an element of consultation, but should the DP’s corner however go ahead and convene a meeting on their own, it would mean a further escalation of hostilities, and chance to play hardball by an increasingly besieged Jubilee wing.
The Jubilee constitution is silent on who should chair NEC, an oversight that the DP’s side could exploit to have their man preside over such a meeting.
The DP also enjoys sufficient powers, including presiding a joint NEC and county government forum comprising governors, deputy governors and members of the county executive committee.
The NEC is essentially the engine of the party, with powers to supervise the administrative machinery of the party.
It can also enforce the party’s decisions and programmes as laid down by the National Delegates Convention (NDC).
The party has not held a NEC meeting since the 2017 elections. The party’s Secretary-General appeared to dismiss the position by the Ruto wing that it could force the meeting on strength of the leeway provided by the party’s constitution in Article 7(4).
Tuju argues that some of the issues being demanded by their opposite wing can only be effected after the party elections, with bona-fide officials in place.
“As it is, we are currently operating under Article 33 of the Constitution, the transitional clause. Under this law, I cannot purport to claim to be the bona fide Secretary-General, and this applies to all other officials on acting capacity. As such, it is difficult for even me to convene the demanded NEC, when I don’t have full mandate as an elected official,” said Tuju.
He said he would not be of the idea of the matters facing the party being taken to court for resolution, saying the differences can be addressed through the internal mechanism, “premised on truth, honesty and mutual respect”.
Other MPs, however, argue that it was hypocritical for Tuju to suggest he cannot call a NEC meeting, when he has been undertaking other duties, including purporting to change the structure of the party by altering NMC on the grounds that he was the party’s Secretary-General.
