It’s time ODM cracked the whip on MPs joyriding on its back

By JARED OKELLO

Are Rachel Shebesh’s actions a symptom of a deeper malaise eating at the Orange Democratic Movement’s core? Is she just a mere party-hopper during this political “Transfer window” or is it just one of those inexplicable things politicians do that keep tongues wagging for weeks on end?

Her decision to attend a conference of The National Alliance Party in Naivasha and posing for a tell-all photograph with the party leader Uhuru Kenyatta was unfortunate.

Mrs Shebesh, who is considered one of the few remaining articulate, brilliant, and indefatigable MPs, even though nominated, and a staunch supporter of the ODM leader, Prime Minister Raila Odinga has left all and sundry in dilemma. Many politicians and analysts have described her latest undertaking as being duplicitous and unreliable when weighed on the scales of political and ethical issues.

Indeed she has decamped leaving ODM in a lurch, notwithstanding the kind gesture by the party to nominate her after a poor performance in Kasarani Constituency’s party primaries in 2007 where she garnered fewer than 1,000 votes.

Now, to the consternation of many, Shebesh has become increasingly and openly critical of ODM and its style of leadership, though she has sat at the apex of its decision-making organ since 2008.  Under the principle of collective responsibility, failures rest squarely with her and the others she now blames.

In fact, her actions can be misconstrued to mean she has been a closet TNA agent within ODM, since she has not declared publicly what factors are pulling her towards her kinsmen in TNA. Indeed, her choice of party is suspicious. That is why it is not strange that Starehe MP Margaret Wanjiru is also indicating a shift to the same party. Could  chickens be going back home to roost?

She remains an ODM legislator only for purposes of drawing a salary. By attending the TNA retreat in complete abrogation of the Constitution, she manifestly promoted a rival party’s interests while undermining her party. Shebesh should not be an MP right from the time she walked out of Naivasha holding hands with adherents of the opposite camp. Why offend the principles of natural justice and well-established democratic tenets so brazenly? Under the Political Parties Act, she could not belong to two competing parties, nor promote TNA interests against those of ODM where she remains an ODM MP.

The Political Parties Act stipulates that MPs who form or join another political party, or who publicly support or advocate for the formation of another political party other than the one that sponsored them to Parliament, are deemed to have resigned from their parties, and would be presumed to have forfeited the right to continue sitting in Parliament under the sponsoring party.

fill the void

Shebesh knows that the Constitution does not allow her to belong to two political parties at the same time. If she has already joined TNA as a section of the media have intimated, the law requires her to resign from ODM and forfeit her parliamentary seat. But because she has not resigned, the Registrar of Political Parties should petition the Speaker to declare her seat vacant. Shebesh ceased being an MP the moment she started promoting interests and principles of a rival political party.

This is not about Shebesh’s freedom of association. It is about the principles of a multi-party democracy, the rule of law and constitutionalism. The Constitution guarantees everyone freedom of association and expression, provided that they don’t violate the same supreme law.

Although we are allowed to change parties, there are rules governing how and when that may occur. One is required to have been a member of a party at least three months prior to elections. These rules guarantee order, discipline and stability in a democracy.

To date Shebesh is straddling two parties. Could TNA be earning priceless inside information on ODM from Shebesh? Will ODM not be in order to dispense with her privilege to serve in the august House, and use that latitude to fill the void with a committed ODM member?

The ODM could also move to court, and if the courts find that Shebesh had breached the Political Parties Act, ditch her. Also, the ODM can summon a national governing council meeting, the only organ with the mandate to expel the MP, to deliberate on that matter that clearly borders on impunity and ambiguity.

Writer comments on political issues.

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