Senate Majority Leader Kithure Kindiki faces acid test taming senators’ push for a referendum

By Stephen Makabila

Senate Majority Leader Kithure Kindiki remains one of the key political leaders on focus in the ongoing referendum debate.

Having been a major advocate of the Senate’s strong role in protecting county governments by ensuring increased funding, and earlier being a proponent of the referendum, many were surprised when two weeks ago he led Jubilee senators to back out of the referendum push.There are those who feel by doing so, Prof Kindiki was in essence drawing battle lines in the Senate between Jubilee and CORD senators when it resumes on September 17, a scenario that could be similar to the National Assembly business where party or coalition interests dictate key debates.

“A referendum will distract devolution and unnecessarily occupy county governments with politics at this nascent time of the Jubilee government,” said Kindiki after he led Jubilee senators for a meeting with Deputy President William Ruto in Karen. A respected lawyer, Kindiki is among close allies of President Uhuru Kenyatta and the Deputy President William Ruto.

Emphasising the referendum push was originally Jubilee’s idea, the Majority Leader said it was unfortunate that it had been hijacked by external forces who had deviated from its original purpose of strengthening the county governments.

“In any case the law says not less than 15 per cent of the last audited accounts approved by Parliament will be devolved to the counties, but the Jubilee government has pushed it to 32 per cent which translates to Sh210 billion this year without going for a referendum. We don’t, therefore, require a referendum to take to 40 per cent,” he said.

The Tharaka-Nithi County Senator further noted the Senate would unbundle and cost the resources being devolved to the counties in a more scientific manner to ensure smoother allocation next year.

He acknowledged challenges in the way the Senate and the National Assembly related, but added that this will not affect the Houses business as Jubilee has majority numbers to resolve any issues speedily.

“We control majority in both the Senate and the National Assembly and we want a synchronised working relationship when the two Houses resume business on September 17. Chief whips and leaders of majority in both houses will work together,” said Kindiki.

Seemingly, the 40-year-old professor of International Law, from the University of Pretoria in South Africa, had by his actions fallen prey to party politics instead of being above the same, as Leader of Majority in the Senate.

But the way he managed to win the Senate Majority Leader position demonstrated he has what it takes when it comes to political lobbying.

In April, when lobbying for top seats created by the new constitutional order in the National Assembly and the Senate intensified before the two joint Houses sitting on April 16, he carried the day.

 

Kiraitu left race

Meru Senator Kiraitu Murungi, a politician of long standing experience, dropped out of the race for Majority Leader in the Senate and backed Kindiki.The battle for the influential position had narrowed to the two, though Kiambu Senator Kimani Wamatangi of The National Alliance and his Nyeri counterpart Mutahi Kagwe (Narc) were also interested in the seat.

Mr Kiraitu who is the leader of the Alliance Party of Kenya, announced his decision to back Kindiki, saying this was for the sake of political unity in Mt Kenya East region. The contest between the two had divided politicians and professionals in the larger Meru region over who to support.

“I have done this so that we can work together and to make sure we remain united as a region,” said Kiraitu, who also described Kindiki as qualified for the job.

Thanked Kiraitu

The Majority Leader thanked Kiraitu for “showing humility’’ and the MPs for their support. A graduate of Moi University Law School, Kindiki taught law at the same university between 1999-2003.

He lectured in courses ranging from Public International Law, Human Rights Law,  International Humanitarian Law, International Dispute Resolution and  conducted research especially in the areas of public international law and human rights law.  

Between 2004 and 2006, he lectured law at the University of Nairobi, rising to head the Department of Public Law and Senior lecturer in International Law by the year 2006. In the year 2000, Kindiki got his Master of Laws (LLM) in International Human Rights Law and Democracy from the University of Pretoria in South Africa and in 2002 a Ph.D in International Law from the same university. Kindiki’s profile was also elevated after he represented Ruto at the International Criminal Court at The Hague. While on a tour of the larger Meru region last weekend, Ruto was quick to remind area residents that he has close ties with the region, and the Majority Leader represented him at the ICC.  As the debate on the referendum continues, it will be interesting to watch how the emerging divisions will affect the Senate, and the relationship between senators from the two opposing coalitions.