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Weekly Newsletter - Issue No 323
25th April - 1st May 2022

Editorial

The Double-Edged Sword that is Negotiated Democracy 

Political parties have just concluded their nationwide party nominations process with negotiated democracy emerging as a consistent theme in the exercise. Some popular political hopefuls begrudgingly gave up their candidacy to support their competitors and new entrants following a decision reached by either their political parties or member parties of coalitions.

A good example is Westlands MP, Tim Wanyonyi dropping his pursuit of the Nairobi Gubernatorial position for Polycarp Igathe, a political novice who came into the limelight after deputizing former Nairobi Governor, Mike Sonko in 2017. Instead of running as an independent candidate, like other aspirants in his position typically do, Wanyonyi opted to run for another term as Westlands Member of Parliament.

The endorsement of Igathe by the Azimio la Umoja Coalition forced Wanyonyi to shelve his gubernatorial ambitions, something that would’ve been a milestone for persons with disabilities (PWDs) in political leadership. His story isn’t isolated. In Mombasa County, a similar decision was reached when businessman and philanthropist, Suleiman Shabhal gave up his gubernatorial ambitions and threw his weight behind Mvita MP, Abduldswamad Nassir who is taking a stab at the position. This decision brings to a screeching halt Shahbal’s ambitions for the county despite having consistently built towards it over the years.  

The direct ticket nomination by political parties is a calculated political move to strengthen their support bases in various regions in Kenya with the hope of securing as many wins as possible. These direct tickets are coming at the high cost of killing the dreams of hopefuls who’ve put in the work and built a solid track record in public leadership. Negotiated democracy is now finding a new face. While initially cultural structures of leadership would dictate how the politics would be run, coalition strategies are now informing the choice of candidates in their nomination processes.


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News of the Week

EACC wants aspirants deprived of presumption of innocence

The Ethics and Anti-Corruption Commission (EACC) has supported a court case that seeks to bar aspirants who have a tainted past from contesting in the August 9th polls.
The commission says aspirtants must satisfy moral and ethical requirements prescribed by the Constitution and the statutes (the Leadership and Integrity Act and the Public Officer Ethics Act). In its submissions to the case filed by activist Okiya Omtatah, EACC is against the application of the legal principle of “presumption of innocence until proved guilty” when it comes to clearance of political aspirants.
It has backed Mr Omtatah’s position that IEBC should not only block those who have been convicted or have exhausted their appeals but also those with active cases.

Parliament honors the late President Kibaki

Members of Parliament have hailed the late Retired President Mwai Kibaki as a committed statesman who helped rebuild Kenya's ailing economy. Members of the National Assembly interrupted their recess to hold a special sitting in honor of the late President who had been lying in state in Parliament following his death on April 22nd 2022. 
The late Kibaki who served in Parliament for half a century was praised for raising the country's revenue, enabling a borrowing environment for MSMEs, infrastructural growth, free basic education, inclusion of special interest groups and humanizing the presidency. He was also commended for playing a key role in delivering the current Constitution and his contribution to multiparty democracy. 
The late third President of Kenya was laid to rest at his Othaya home on Saturday in the presence of family and other African heads of states.

Chebukati bows to parties push on deadline for running mates 

The Independent Electoral and Boundaries Commission (IEBC) has finally bowed to pressure from political parties to review the deadline for naming running mate to May 16. Initially the IEBC chairman Wafula Chebukati had directed all presidential aspirants to name their running mates by April 28. 
he commission extended the deadline to name running mate after a meeting with officials of Azimio, Kenya kwanza, Chama Cha Kazi and Safina parties at the IEBC offices in Nairobi, on Tuesday. On Sunday the commission affirmed the April 28 deadline arguing that a precedent was set in 2017. But Mr Chebukati then granted the parties more time which also applies to the governor candidates.

Bills before the Senate

First Reading
THE COUNTY ALLOCATION OF REVENUE BILL
- SENATE BILLS NO. 1 OF 2022
Sponsored by Sen. Charles Kibiru
THE ELECTIONS (AMENDMENT) BILL
- NATIONAL ASSEMBLY BILLS NO. 3 OF 2022
Sponsored by Senate Majority Leader Sen. Samuel Poghisio
THE ELECTION CAMPAIGN FINANCING (AMENDMENT) BILL
- NATIONAL ASSEMBLY BILLS NO. 37 OF 2021
Sponsored by Senate Majority Leader Sen. Samuel Poghisio
Second Reading
THE LANDLORD AND TENANT BILL
- NATIONAL ASSEMBLY BILLS NO. 3 OF 2021
Sponsored by Senate Majority Leader Sen. Samuel Poghisio
THE PERSONS WITH DISABILITIES (AMENDMENT) BILL
- SENATE BILLS NO. 29 OF 2020
Sponsored by Sen. Aaron Cheruiyot and Sen. Isaac Mwaura
THE ELECTION CAMPAIGN FINANCING (AMENDMENT) BILL
- SENATE BILLS NO. 51 OF 2021
Sponsored by Sen. Ledama Olekina
THE EMPLOYMENT (AMENDMENT) BILL
- SENATE BILLS NO. 54 OF 2021
Sponsored by Sen. Samson Cherarkey
THE COTTON INDUSTRY DEVELOPMENT BILL
- SENATE BILLS NO. 55 OF 2021
Sponsored by Sen. Ndwiga Njeru
THE SUGAR BILL
- NATIONAL ASSEMBLY BILLS NO. 68 OF 2019
Sponsored by Senate Majority Leader Sen. Samuel Poghisio
THE PUBLIC PROCUREMENT AND ASSET DISPOSAL (AMENDMENT) BILL
- NATIONAL ASSEMBLY BILLS NO. 32 OF 2021
Sponsored by Senate Majority Leader Sen. Samuel Poghisio
THE SACCO SOCIETIES (AMENDMENT) BILL
- NATIONAL ASSEMBLY BILLS NO. 55 OF 2021
Sponsored by Senate Majority Leader Sen. Samuel Poghisio
Third Reading: Committee of the Whole House
THE INTERGOVERNMENTAL RELATIONS (AMENDMENT) BILL
- SENATE BILLS NO. 37 OF 2021
Sponsored by Sen. Moses Kajwang
THE LAW OF SUCCESSION (AMENDMENT) BILL
- SENATE BILLS NO. 15 OF 2021
Sponsored by Sen. Abshiro Halake
THE PRESERVATION OF HUMAN DIGNITY AND ENFORCEMENT OF ECONOMIC AND SOCIAL RIGHTS BILL
- SENATE BILLS NO. 21 OF 2021
Sponsored by Sen. Abshiro Halake
THE LIFESTYLE AUDIT BILL
- SENATE BILLS NO. 36 OF 2021
Sponsored by Sen. Farhiya Ali
THE SPECIAL NEEDS EDUCATION BILL
- SENATE BILLS NO. 44 OF 2021
Sponsored by Sen. Getrude Musuruve and Sen. Margaret Kamar
THE MENTAL HEALTH (AMENDMENT) BILL
- SENATE BILLS NO. 28 OF 2020
Sponsored by Sen. Sylvia Kasanga
THE ELECTIONS (AMENDMENT) (NO. 3) BILL
- SENATE BILLS NO. 48 OF 2021
Sponsored by Sen. Ephraim Maina
THE IRRIGATION (AMENDMENT) BILL
- NATIONAL ASSEMBLY BILLS NO. 12 OF 2021
Sponsored by Senate Majority Leader Sen. Samuel Poghisio

Public Participation

The National Assembly's Budget and Appropriations Committee invites views from the public on the Estimates of Revenue and Expenditure for the Financial Year 2022/23.

The representations or written submissions may be emailed to clerk@parliament.go.ke; to be received on or before Thursday, 5th May, 2022 at 5pm.

The Senate Standing Committee on Finance and Budget invites views from Kenyans on the County Allocation of Revenue Bill (Senate Bills No. 1 of 2022).

The representations may be emailed to csenate@parliament.go.ke/scfinanceandbudget@gmail.com to be received on or before Thursday, 5th May 2022.

The National Assembly Departmental Committee on Finance and National Planning invites views from the public on the Finance Bill (National Assembly Bill No. 22 of 2022).

The memoranda may be emailed to clerk@parliament.go.ke to be received on or before Wednesday 4th May 2022 at 5pm.

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