Raila goes for Ruto full blast

By Evelyne Kwamboka

Prime Minister Raila Odinga’s party has filed a court case, which if ruled in its favour, would cost Eldoret North MP William Ruto and four of his allies their parliamentary seats.

Eldoret North MP William Ruto (left) and Prime Minister Raila Odinga. Two Orange party members have gone to court seeking to have Ruto and other party ‘rebels’ lose their seats. Photo: File/Standard

Not just that, if Raila has his way Ruto and the other four may be out of contention in the subsequent by-election. The Political Parties Act requires one can only run on the ticket of a party to which he or she has been a member for at least six months. But lawyer Harrison Kinyanjui said if it comes to this they could run as independent candidates.

"Article 85 is clear and Ruto can decide to run as an independent candidate. All he needs is to wait for three months after he is declared a non-ODM MP," he argued.

The article states any person is eligible to stand as an independent candidate for election if he is not a member of any registered political party, and has not been one for the last three months immediately before the date of the election

The matter comes barely a week after the High Court issued interim orders barring the Registrar of Political Parties from interfering with the United Democratic Movement (UDM) leadership register.

The other outspoken Members of Parliament ODM is seeking to be declared non-members of the Orange party, are Isaac Ruto (Chepalungu), Charles Keter (Belgut), Joshua Kuttuny (Cherangany), and Aden Duale (Dujis).

Two ODM members through their advocate, Cecil Miller, filed the petition at the High Court Registry in Nairobi, on grounds that the five leaders have publicly declared to have allegedly quit ODM.

The petitioners, Mpuru Mburi and Kepher Odongo are seeking a declaration from the High Court that the MPs have vacated their offices as MPs.

They also want the court to declare that Ruto and his group cease being MPs.

Intolerant to criticism

The latest ODM move is bound to excite more claims by Ruto’s side that the PM is intolerant to criticism and that he is the one standing between Ruto and his former Cabinet portfolio, now that the cleared him of criminal liability.

Looked at against the other ongoing case between Ruto and Lt-Gen (Rtd) John Koech for the control of UDM, which the Eldoret North MP, who is still one of two ODM deputy leaders, has declared is his new election vehicle; Raila is literally going for Ruto’s neck.

Koech obtained the interim orders on grounds that Ruto and 27 others have been going round identifying themselves in public as the bona fide officials of the party.

It is perceived that Koech, who is resisting Ruto’s takeover of UDM, which the suspended HigherEducation minister has been popularising in rallies, is Raila’s ally.

The party moved to court after its attempt to sack 30 nominated councillors largely from the Rift Valley where Ruto is perceived to control the Kalenjin vote, failed after the electoral commission declared it irregular on a technicality.

The court action also built on previous attempts by the party to discipline Ruto and his allies over claims they had shifted allegiance to another party, and were campaigning against ODM, but were hanging on to keep their parliamentary seats.

Quit party

Last week, Raila dared Ruto and his group to quit the party if they wanted to work with the so-called Group of Seven (G7). Other members of the group are Deputy Prime Minister Uhuru Kenyatta, Vice-President Kalonzo Musyoka, Saboti MP Eugene Wamalwa, and Trade Minister Chirau Mwakwere.

Though neither Raila nor any top party officials holders are directly behind the case, Ruto’s side claim party members cannot take such action against ODM MPs without the PM’s knowledge.

It is alleged in the petition the five MPs have asked their supporters to join UDM. They have also embarked on recruiting members to UDM.

These, Miller claims, contravene Article 103 of the new Constitution as read with Section 17(4) of the Political Parties Act.

Article 103(1) (e) states that an MP loses his or her seat, "if having been elected to Parliament as a member of a political party, the member resigns from that party or is deemed to have resigned from the party..."

Section 17(4) of the Political Parties Act (2007) provides that, "Any person who joins or publicly advocates for the formation of another political party shall be deemed to have resigned from the previous political party."

In an affidavit sworn by Odongo, the voter is relying on newspaper and Internet articles such as those touching on Ruto’s recent visit to the Coast and Tharaka.

"The respondents have effectively resigned/defected from ODM yet they continue to hold the office of MP having been sponsored by ODM during the 2007 General Election, and continue to draw remuneration from public funds on that basis," he argues.

He claims that the five MPs are holding the parliamentary seats illegally by virtue of the new Constitution and Political Parties Act.

Block Ruto

In the matter filed by Koech, the retired general is asking the court to block Ruto and any of the 27 members of the UDM executive committee allied to the MP, from holding any meetings countrywide or recruiting new party members.

He also wants the court to stop the Registrar of Political Parties from replacing UDM party officials with Ruto and his allies.

In the case being handled by High Court Judge Daniel Musinga, Koech argues he will be prejudiced if the Eldoret MP and his allies continue holding public meetings and recruiting members into UDM.

"The petitioner is mandated under Article 50 of the Constitution the right to have any dispute he files in court be heard and determined in accordance with the law," argued his lawyer, Nelson Havi.

Kinyanjui said if the court declares Ruto and his group cease being ODM members, they would lose their seats and the Political Parties Registrar would be required to notify the Speaker of the NationalAssembly. Once notified, the Speaker is to issue writs declaring the parliamentary seats vacant.

Ruto met 20 MPs allied to him at the lounge in Parliament Buildings last evening, but it was not immediately clear what was discussed.

Reached for comment, Kutuny said: "We wish them well in their attempt to kick us out, but what they are doing is like trying to burn a house with hot water."