From housing to finance laws, President Ruto's hand in parliamentary misdeeds

President William Ruto delivers State of the Nation Address in the Parliament plenary, Nairobi, on November 21, 2024. [File, Standard]

In theory, Parliament is where national priorities are debated and transformed into law.

It is the institution tasked with holding the Executive to account, shaping policy, and defending the public interest.

But beyond the televised debates and ceremonial speeches, lies a far more complex and upsetting system.

A system meticulously designed not to serve the people, but to entrench power, frustrate independent minds and ensure that only those aligned with the right forces win.

When new legislators join Parliament, they believe that they are entering a legislative chamber where laws are shaped through ideas, debate and reasoned persuasion. What they find, however, is a tightly controlled system. A system that does not lie with elected lawmakers but with an entrenched bureaucracy and political leadership whose loyalty is to the Executive, not the Constitution or the people.

According to legislators who spoke to The Standard, despite President William Ruto’s recent pronouncements against Parliament, he has all along had a hand in its lost values. It is instructive to note that Dr Ruto’s communications pushing for one thing or the the other is done “in the name of God”, inhouse communications The Standard accessed reveal.

Members of Parliament say the current House has been designed that way; to work when it needs to work, and to fail when it needs to.

An aerial view of the National Assembly Building. [Wilberforce Okwiri, Standard]

Coercion and political whipping often happen behind closed doors, in private meetings, party caucuses, Parliamentary Group meetings like the one that happened on Monday where Ruto hit at members and WhatsApp groups where MPs are pressured to advance the agenda of the Executive, even when it runs counter to public interest.

This shadow lobbying ensures that critical decisions affecting millions of Kenyans are shaped far from the public eye, in ways that betray the very citizens Parliament is meant to serve.

One such group is a WhatsApp group named The Project 22, which brings together close allies of President William Ruto, including MPs, senators, and governors and the President himself.

In several messages seen by The Standard, legislators from both the Senate and the National Assembly are whipped to support House business aligned with the President’s agenda, whether in public interest or not.

In one such message, Majority Leader at the National Assembly Kimani Ichung’wah is captured whipping members to vote for the removal of former Deputy President Rigathi Gachagua. He was actively taking a roll call to confirm which members would be present in the House and prepared to vote.

Several members affirmed participation, one writing, “…The troops are ready sir!” 

Mathira MP Eric Wamumbi, who is Gachagua’s home legislator wrote:

“He took me through hell for three months. He is lucky it has been four weeks. It is payback time. No pity. No mercy. No sympathy. He has to go home today.”

Nairobi Governor Johnson Sakaja responded to Wamumbi’s tweet:

“Three months? Some of us it’s been two years”

When Azimio MPs walked out of the chambers as then Treasury CS Njuguna Ndungu presented the 2023/24 Budget Highlights on June 15, 2023. [Elvis Ogina, Standard]

Following the vote, National Assembly Chief Whip Silvanus Osoro congratulated members for what he described as a patriotic duty. He posted:

“Hon Members of the bicameral parliament, THANK YOU AND CONGRATULATIONS. You have restored the dignity of Parliament and the country’s leadership. The former DP was indeed an embarrassment not only to himself, but to those of us who fought for and still defend this government. NEVER AGAIN should we find ourselves in this situation. Asa turudi kazi….A sigh of relief to H.E (the President), to Parliament and to the country at large.”

However, the impeachment vote was not without backlash. Some lawmakers expressed frustration with colleagues who skipped the session, viewing their absence as silent opposition.

Murang’a Woman Representative Betty Maina said: “Absenteeism was also a way of voting no.”

Barbaric people

Another MP, Vincent Musyoka, posted:

“We need another PG (Parliamentary Group meeting) after this! Tujuane. Watu wana ushenzi sana. Watu wamepewa many projects na President and are voting no! (So we can know one another, some people are barbaric. They have been given many projects by the President and are voting no) There’s no way! You are either with us or not with us! No in between!”

After the successful whipping and subsequent impeachment of Gachagua, President William Ruto expressed joy and appreciation to his loyalists. The  President rallied members to approve his nominee for Deputy President, Abraham Kithure Kindiki.

“Teammates, we thank our almighty God for bringing us this far. We trust God in all situations and commit our nation to HIM. I have just forwarded the name of my nominee for Deputy President to the National Assembly for your consideration and vote. I request you to kindly consider this nominee positively. God bless you, and I’m eternally grateful for your support. WSR,” Ruto posted in the group.

In response, members replied in unison to affirm their loyalty, while some castigated colleagues who had been absent during the vote.

The responses ranged from: “Count it done,” “Obliged boss,” “Mara moja,” “Congrats boss,” “Boss you are always right,” “Your voice is the voice of God, Pamoja,” “Forward march,” “waiting,” “en route”.

Nominated Senator Veronicah Maina wrote: “We are fully behind you, your excellency and also praying for great success & favour for both you and incoming deputy.”

Marsabit Women Representative Naomi Waqo added: “Many Thanks boss for always guiding us towards the right direction. We will do the needful.”

Kimilili legislator, the garrulous Didmas Baraza, responded, “At your service always boss.”

And Geoffrey Kiringa Ruku, then an MP for Mbeere North and now the Cabinet Secretary for Public Service and Human Capital Development, assured: “Excellency Sir, sisi tuko hapa Bunge ready to execute our mandate.”

Following clearance of Kindiki by the house to step into the shoes of impeached Gachagua, Ruto through the same whatsApp group extended an invitation to the members for the swearing-in ceremony.

“Friends, the almighty God of all creation be praised for sparing our nation negative politics and steadying the Kenyan ship. I invite you to the swearing ceremony of Abraham Kithure Kindiki, a child of God, to be our new Deputy President at KICC grounds and later to lunch at State House. Baraka tele,” read the message signed; William Ruto.

The same tone of enforced loyalty was evident during the controversial passage of the Finance Bill 2024. Even as Gen-Z-led protests rocked the streets and online platforms demanded its rejection, Osoro was actively rallying MPs to ensure their presence and support.

 “Colleagues, you are reminded of tomorrow’s sitting for Committee of the whole House at 9am. To avoid any inconvenience, we advise that you be in Parliament precinct early enough and since our colleagues intend to rise for division in every clause, you are kindly asked to remain put till we finish the day’s business. Remember to carry your chambers card for electronic voting and support amendments by the chair,” read the whipping message signed by Osoro.

Kenyans had rejected the contentious Bill because it had proposed high taxes and levies on consumer goods such as bread, menstrual health products, motor vehicles, fuel, mobile/bank transfers and Internet data.

It also targeted digital outputs where young Kenyans have found self-employment. It was perceived as punitive by many Kenyans already reeling under high cost of living and economic hardships.

In a separate message, the Majority Leader of the Senate Aaron Cheruiyot explained how ‘they’ had managed to slow down the Internet during the 2024 Gen-Z protests, allegedly with assistance from local service providers.

“…..At the height of Gen Z protests we managed to slow down Internet and that saved the day. You cannot do that with Starlink,” he posted.

Senator Veronicah Maina told The Standard Parliament is not entirely captured by President Ruto as critics claim but it is subject to deliberate influence by certain lawmakers pushing the government’s agenda.

“The truth is, every government will be interested in how Parliament is run, and that is why the roles of Majority and Minority Leaders exist by constitutional design,” she said, adding “Ideally, an MP is mandated to listen to what the people want, and there is recourse if they fail to do so. They can be voted out during elections,” she added.

She defended the lobbying for passage of the Finance Bill 2024, saying it was necessary for the government’s continued operation. However, she acknowledged that Parliament has become highly politicized, noting that “objectivity has been thrown out of the window.”

According to former nominated senator Gloria Orwoba, control of Parliament hinges on economic leverage where legislators have to “play ball” to get per diems paid for local and foreign trips, allocation of offices to key committees for the legislators and mileage claims meant to facilitate their travel between Nairobi and their home constituencies.

She argues that whoever controls the trips, mostly the majority leader and the Speaker, are the ones who control the votes, a claim the Speaker of Senate Amason Kingi refuted.

But it is not always coercion, Orwoba says that sometimes it starts with excitement at begging, and everyone is swept up in it through retreats, WhatsApp groups, meetings with party leaders to remind members of the ‘promises’ to the people.

But when the spell breaks, they start realizing it is not always about service, but power, control, and survival.

“If you are marked as non-compliant or if they think you won’t play ball, you are excluded. Meetings happen without you. You get no notice,” said Orwoba.

But capture isn’t just about money and perks. It is also about control of the legislative agenda. A well-meaning MP or senator can craft a Bill only to see it frustrated before a committee, delayed by procedure, or ruined through technicalities.

Orwoba says for any Bill to successfully pass in Parliament, alignment with the ‘power brokers,’ including the Committee heads, the secretariat, and the Speaker, becomes essential.

She argues that many MPs have watched their Bills fail for months or years after being blocked, not because they lack merit, but because they lack political favour.

“An MP could have a brilliant idea that can help the public but if they are not in good books with those who control, their Bill is dead on arrival,” said Orwoba.

Critical Bills may be quietly shelved, while those with less impactful sail through if they align with the interests of those in control.

Corrupt business interests

According to Orwoba, the Committee report on her Bill was riddled with errors and likely influenced by external brokers and corrupt business interests.

Orwoba alleges that brokers, individuals with business and political interests, work hand-in-glove with some members of the secretariat to sabotage Bills that threaten lucrative government contracts.

“There are cartels that import low quality pads from China at seven shillings and sell them to government for 80 shillings per packet. My Bill would have dismantled that,” she said.

The backlash was swift and intense. Orwoba described how misinformation from the secretariat was turned into Committee recommendations, which were then leaked to bloggers and amplified across social media.

“You get to Parliament and realise you are not really a Member of Parliament. The real MPs are the Speaker, and the secretariat. They decide what moves,” she added.

However, Kingi, in a response to The Standard, rejected the claims of frustrating proposed Bills by Members of Parliament due to political misalignment, describing the allegations as false, unjustifiable, and a distortion of the legislative process.

He said such accusations attack the non-partisan and apolitical character of the overall House, the parliamentary secretariat, whose role is strictly limited to offering technical and procedural support. 

He said the ultimate decision to publish a Bill lies with the Speaker, dismissing claims that legal advisors label some private members’ Bills as illegal without offering constructive feedback, thus prematurely terminating proposals.

“A senator who is dissatisfied with the legal advice provided on any Bill, or other legislative instrument for that matter, may lodge a formal complaint with the Clerk, their respective leader of Majority or Minority or the Speaker,” said Kingi.

Orwoba cites cases where regulations around affordable housing, water tariffs, and biometric data collection were introduced without public participation, and in some cases pushed through despite serious public concerns.

“You suddenly find you are being charged to replace your ID card, or you can’t access water, because a regulation passed quietly,” she says.

She cited another instance where the Social Health Authority Act Bill, which was hurriedly passed even when the regulation, which determines how the law will work, were not clear.

 “People focus on the Act, then forget to follow on the regulation. But regulations are where all the rubber meets the road,” she said.

On the SHA Act, she said the Kenya Kwanza loyalists in Parliament, who form the majority, passed the Bill. But regulations under the Act were not clear on deductions, data protection, call centres, and even suspension of service providers.  

When National Assembly Majority Whip Silvanus Osoro was blocked from accessing parliament chamber by his colleagues after MPs staged a walk out over NG-CDF and NGAF funds disbursement delay at Parliament on December 5, 2023. [Boniface Okendo, Standard]

Kingi dismissed allegations of collusion between parliamentary staff and external political or business interests as serious but unsubstantiated claims that require more than speculation or social media discourse.

While acknowledging the gravity of such accusations, deeming them not just unethical but potentially criminal, the Speaker emphasized that no formal complaints with supporting evidence have been lodged.

“My Office welcomes any evidence in this regard for appropriate action. We have not received any formal complaint, backed by evidence, against any parliamentary staff in relation to undue external influence,” said the speaker.

Kisii Senator Richard Onyonka told The Standard that some Bills are brought before the House to protect certain business interests and will be pushed through by the powers that be to ensure that they are approved at whatever cost. He cited the Adani deal which turned into a scandal following public outcry.

“President Ruto had no option but to cancel the deal after the American government raised a red flag over its projects globally despite the Executive and legislators allied to Kenya Kwanza administration supporting it even with glaring anomalies,” said Onyonka. 

Makueni Senator Daniel Maanzo said it was not a secret that Parliament was not independent from President Ruto in the passage of crucial Bills such as the affordable house programme and the Social Health Authority.

Maanzo said that both the Senate and National Assembly are held hostage by the Executive, which influences passage of various Bills favourable to the State and rejection of those not favourable to the powers that be, even if they are unfavourable to the public.

“Unless you are a visitor in Kenya, it is common knowledge that Parliament has been captured by the Executive and cannot discharge its constitutional mandate effectively, that is why we in the opposition are asking citizens to vote in a new government in 2027,” said Maanzo. 

Share this story
.
RECOMMENDED NEWS