The difference between a democracy and a dictatorship is that in a democracy you vote first and take orders later; in a dictatorship you don’t have to waste your time voting. When there is oppression and dictatorship, by not speaking out, we lose our dignity. Red is a sign of tin pot dictatorship.
This is what happened in the Assembly: Watch this-:
What was witnessed the County Assembly on today was not only illegal but also ultravires. The Speaker ideally should be a neutral arbiter on the floor of the House. However, in our case the Speaker controls with iron fists and participate in the debate of the House because the entire melodrama has been stage managed outside the House. This was informed by failed public participation on County Budget Appropriation and Annual Development Plan forum at Mulata Resort on Monday 14th October, 2019.
The fiasco was triggered by Jubilee nominated MCA Hajira who rose to ask validity of the holder of the office of Minority Leader Hon. AliDima. MCA Hajira has no locus standi to raise such because she is not a member of the ODM party. She further fumbled that he has been in the office illegally since the House was convened in 2017. At this point Hon. Ali stood up to defend himself by invoking the provisions of the standing orders. However, the Speaker adamantly refused to listen to Hon. Ali and was consequently ordered Sergeant- at-arms to kick out Hon. Ali Dima. This is breach of the Constitution and relevant statutory laws. They also want to adopt Annual Development Plan devoid of proper public participation.
THE LEGAL FRAMEWORK
The election or removal from office of the Leader of Minority of a Party or Coalition of Parties in the County Assembly is a Political Act expressing the will of the people under Article 1(1), (2), (3)(a), 4(b) of the Constitution, a matter not contestable in a court of law.
Pursuant to the provisions of the Isiolo County Assembly Standing Orders Part (iv), section 15 (1), (2) (1) The minority party or coalition of parties in the County Assembly shall elect a member of the County Assembly belonging to the party or coalition of parties to be the Leader of the Minority Party; (2) In electing members under paragraph (1), the smallest party or coalition of parties in the County Assembly shall take into account any existing coalition agreement entered into pursuant to the Political Parties Act (4) A member elected under paragraph (2) may be removed by a majority of votes of all members of the smallest party or coalition of parties in the County Assembly (5) The removal of a member from office under paragraph (3) shall not take effect until a member is elected in the manner provided for under paragraph (1) in his or her place.
Having regard to the path provided for in Article 159 (2) of the Constitution, and the provisions of Political Parties Act, whether having merit or not whether false or true, fall for determination in the Political Parties Disputes Tribunal and not through politically motivated by a member who has no locus standi as she (Hajira) subcribes to different political…..read Jubilee Party
The Leader of Minority case is hinged on the manner in which he was said to be allegedly removed as the Minority Leader fronted by Jubilee Member. The alleged process of his removal was contrary to the provisions of Standing Orders and therefore null and void. The lsiolo County Speaker has no moral and legal authority to effect any changes in the office of Minority Leader except ODM top brass.
At this juncture, Sericho MCA Hon. Nura Diba stood on a point order seeking indulgence from the Speaker how and why Hon. Ali was kicked out unprocedurally. Hon. Nura further sought from the Speaker under what provisions of Standing Order and which segment of the order paper was invoked by MCA Hajira to raise such unprecedented query. Surprisingly, the Speaker gave deaf ears to the point order raised by Hon. Nura and ordered Sergeant at-arms to eject Hon. Nura Diba out of the House against procedural advise of the table clerks.
To say that because of someone heritage or their political persuasion that they are unable to provide fair judgement is just wrong. It’s just not how the legislative arm works in our Isiolo County and not how it ever can work. The behaviour manifested by the Speaker is gross violation of predents, norms, customs and traditions of legislative procedures as practiced in the Commonwealth jurisdictions.
Hon. Nura Diba and Hon. Ali Dima adressing the media after the fiasco- Watch the the below You Tube Link.
FIRST HAND EXPERIENCE
Communication consultant Mohamed Doyo popularly referred to as Arap Doyo intimated first hand confession on the experience he had with the current Speaker of the Assembly, “In my past life, I once hosted the current speaker at one of the local radio stations where he mercilessly massacred the discussion and talked of how the governor of that time Godana Doyo was a serious thief, an incompetent leader and the epitome of corruption.
Fast forward to current times and watch him protect the executive, oversee plunder of public resources, throw out dissident accountability voices is not disheartening but exposing the inept hypocritical leadership of the county Assembly.
Betrayal of gargantuan proportion to the people who even voted him for the Senate Seat”
Whispers from the North contacted both Members of the County Assembly Hon. Nura Diba (Sericho) and Hon. Ali Dima confessed that the County Assembly has failed miserably in terms of oversight. They further reiterated that County Assembly Service Board (CASB) has been made lame duck and redundant by the mandarins and racketeers. They pointed out the following;
~ Two members (Jirma Ali & Amina Guyo) of the County Assembly Service Board have been sidelined;
~ Gross violation of the law on Public Procurement & Disposal Act;
~ Lack of accountability and public participation on public affairs;
~ No semblance of democracy or due process of the law is followed;
~ No tabling of financial expenditure for the last six quarters;
~ The Assembly is micro managed by the Speaker and the Clerk;
~ Members are rented by the powers that with a few pieces of silver (Equivalent of Indian Rupees)
~ The Annual Development Plan shall be tabled tomorrow on Thursday 17th October, 2019 and approved without public participation;~ The Assembly has not enacted any SINGLE law that are necessary for or incidental to, the effective performance of the functions and exercise of the powers of the county government under the Fourth Schedule;
~ The Assembly are accomplice of poor management and exploitation of the county’s resources;
~ Members of the County Assembly are under persistent threats laced with few stipends in a bid to buy their silence; and
~ Looting, corruption, fraud and racketeering is the order of the day.
Pursuant to the Constitution of Kenya, County Government Act and the Standing Orders Members of the County Assembly draw their mandate through delegated powers derived from the people. The Speaker is legally an employee of the Member of the County Assembly!!
Freedom is never given by the oppressor, It must be demanded by the oppressed. Riot or revolution is the language of the unheard!