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Former Mukurweini MP Kabando wa Kabando has faulted President William Ruto over the nomination of Eldas MP Adan Keynan among the list of leaders to negotiate with Azimio in the bi-partisan talks.
Kbando said the move is in breach of the Constitution and Political Parties Act
"President William Ruto is in contravention of the Constitution and the Political Parties Act by raiding Jubilee Party which is officially in Azimio," Kabando said.
Keynan is a member of the Jubilee Party which is part of the Azimio La Umoja Coalition.
He is among Jubilee members who 'defected' from Azimio and pledged to work with the government after the Raila Odinga-led coalition lost the August 2022 elections.
Kabando wondered whether naming the MP was some sort of Uhuru-Ruto handshake.
"How does UDA pick my friend Adan Keynan to represent Kenya Kwanza in the bipartisan comte? Or is it a backdoor UhuRuto handshake?" he asked.
The Political Parties Act says one cannot be a member of multiple political parties at the same time.
It however says if one joins another political party or supports another formation's ideologies, they are deemed to have resigned from the previous party.
"A person who, while being a member of a political party forms another political party, joins in the formation of another political party, joins another political party or in any way or manner, publicly advocates for the formation of another political party or promotes the ideology, interests or policies of another political party, shall, notwithstanding the provisions of subsection (1) or the provisions of any other written law, be deemed to have resigned from the previous political party," Section 14 (5) of PPA act says.
They are however required to notify the Registrar of the decision within seven days.
This does not however apply to a member of a political party which is in a coalition.
"Subject to specific provisions of a coalition or merger agreement, subsection(5)(c), (d) and (e) shall not apply to a member of a political party which enters into a merger or a coalition with another party," Section 14 (6) says.
Earlier, Azimio accused the governing Alliance of sabotage in naming Keynan.
"We are totally surprised and stunned by the fact that they have appointed Hon Adan Keynan who is a member of the Azimio la Umoja Coalition," Minority leader Opiyo Wandayi said.
"The idea of killing political parties is one of the issues that we would like to address in the bipartisan Committee."