Senate Speaker Kingi on the spot for being "Ruto's fixer"

Speaker of the Senate Amason Kingi during a requiem Mass at the AIC Church Milimani in Nairobi on February 27, 2025. [Boniface Okendo, Standard]

Senate Speaker Amason Jeffah Kingi's apparent blind loyalty to President William Ruto exhibited on a number of occasions by rubber-stamping executive dictates in the Senate, has put him on the spot as critics accuse him of being biased.

Critics are questioning Kingi's latest move in which he swiftly ratified the ouster of embattled nominated senator Gloria Orwoba and declared a vacancy in her position.

The ruling United Democratic Alliance (UDA) had, on May 19, announced that the party had formally written to the Speaker to initiate the process of Orwoba's removal from the Senate.

On May 20, the Registrar of Political Parties wrote to the Speaker of the Senate detailing the decision of UDA's disciplinary committee on Orwoba's expulsion and a day later on May 21, Kingi declared her position vacant.

Pundits believe the rush by the Speaker was to frustrate attempts by Orwoba to obtain court orders to stop him from declaring the nomination slot vacant.

The plan worked because by the time the embattled senator extracted orders from the High Court barring the speaker from declaring her position vacant, Kingi had already done this through a gazette notice that declared the position vacant effective May 21.

Kingi also moved fast and notified the Independent Electoral and Boundaries Commission (IEBC) and UDA of the vacancy in the Senate.

Ironically, three months after William Cheptumo, the senator of Baringo died, Kingi has not yet declared the seat vacant, leaving the county without any representation. Cheptumo died on February 16 this year.

Democracy for Citizens Party (DCP) has criticized Kingi's swift move, describing it as a dangerous signal of shrinking democratic space under President William Ruto's leadership.

"The Senate Speaker's rush to declare her seat vacant, even while a court order was in place, is a dangerous signal of the shrinking democratic space under President Ruto's leadership," DCP said in a statement.

Critics are questioning Speaker Amason Kingi's latest move in which he swiftly ratified the ouster of embattled nominated senator Gloria Orwoba and declared a vacancy in her position. [File, Standard]

This was not the first time Kingi was acting fast to rubberstamp the decision by President Ruto's Kenya Kwanza administration. During former Deputy President Rigathi Gachagua's impeachment in October 18 last year, the Speaker dismissed applications by the defense team that Gachagua be excused to seek medical attention. Instead, the Senate proceeded with the impeachment proceedings which were concluded and swiftly followed by a Gazette notice the same night communicating its decision to impeach the DP.

Kingi had earlier also dismissed Gachagua's lawyers' pleas to bar Siaya Governor James Orengo from acting as lead counsel for the National Assembly arguing that he was in another gainful employment, being a State officer and the sitting governor of Siaya County.

Through his lawyer Ndegwa Njiru, Gachagua had relied on Article 260 of the Constitution, together with Section 26 (2) of the Leadership and Integrity Act that prohibits a full-time State officer from engaging in gainful employment.

He referred to the Senate's decision to prevent Sylvanus Osoro, the National Assembly Majority Whip, from representing Kisii County Assembly during the impeachment of former deputy governor Robert Monda in March 2024.

"We are raising an objection to the appearance of my senior, advocate James Orengo, to represent the National Assembly in these proceedings. James Orengo is a full-time serving State officer, and Article 260 of the Constitution and the Leadership and Integrity Act bar State officers from other gainful employment," Njiru said.

The lawyer also mentioned several court rulings that prohibit State officers from taking on other jobs.

"It will raise serious conflict of interest and will prejudice our client. We plead with you to uphold our objection before the charges are read out to our client," Njiru added.

While dismissing the application, Kingi said the lawyer did not adduce evidence to prove and demonstrate gainful employment on the part of Orengo.

"In fact, it is somewhat surprising that counsel attempted to shift the onus of proving gainful employment to the National Assembly. That argument is untenable," Kingi said.

At the same time, Kingi presided over the Senate proceedings that continued with Gachagua's impeachment in his absence after he fell sick, a move that raised eyebrows over the rush to proceed with the trial.

Kiambu Senator Karungo Thangwa questioned the rush to proceed with the trial.

"What was the rush with the Senate? Why do you want to conclude this issue in the absence of Gachagua who was the accused? These are some of the gaps we shall be exploring in court as we seek to invalidate the impeachment," he said.

Senate Speaker Amason Kingi during Deputy President Rigathi Gachagua's impeachment trial on October16, 2024. [Elvis Ogina, Standard]

The other controversial ruling that Kingi made was on October 15 last year when he declared that Parliament cannot be subjected to injunctions.

While delivering a ruling regarding a preliminary objection raised by Governor Eric Mutai on his impeachment, Kingi asserted that Parliament cannot be prevented from discharging its constitutional functions by dint of a court order.

"Whether or not there was, in fact, a Court Order in this matter does not matter, nothing turns on it, the result is the same; which is that Parliament cannot be prevented from the discharge of its constitutional functions by dint of an order of court," Kingi said.

Although his position requires that he become an arbiter, a leader who interprets the rules impartially to maintain order and to defend the rights and privileges of the members, Kingi has not only been quick to issue pro-government rulings in Senate but has also been one of Ruto's staunch defenders in public gatherings.

Earlier this month, Kingi, who was in the company of Ruto allies in an empowerment drive in Ukambani, announced that they had embarked on such fundraisers to claw back on Opposition influence ahead of the 2027 general election.

"We shall go wherever we shall be invited to offer our assistance because we want to unite Kenyans and that is a call by President Ruto," Kingi said.

He also accused former President Uhuru Kenyatta of allegedly inciting the youth against Ruto's administration claiming he did not empower the youth when he was the President for ten years.

"Allow the current President to roll out his good plans to empower the youth. Incitement will take us nowhere," he said while accusing Gachagua of being tribal.

In February this year, during the burial of his father Mzee Kingi Mwaruwa Mkweha, the Speaker encouraged Ruto to be courageous in his endeavor to transform Kenya.

"Nobody will be sent to accomplish anything by the Almighty and not encounter problems. Even Jesus Christ came to help us and we persecuted him. Mr President, you are not Jesus Christ but you are going through the same problems," Kingi remarked.

While exuding confidence that the President will have an impressive track record in 2027, Kingi added:

"They are burying you on the Internet not knowing you are like a seed. If they knew you are a seed, they would not be burying you because come 2027, they will be shocked at how the seed will have germinated."

Kingi said the President is committed to developing the Coast region, highlighting his order to revert port operation from Naivasha back to Mombasa.

Kingi's coziness with Ruto's administration rattled Azimio senators in March last year when they stormed out of a retreat for the House, accusing him of allegedly stifling debate, disrespecting their leadership and pushing through unconstitutional Bills.

The senators accused Kingi of 'repeatedly and without legal justification, refusing to approve questions and Motions sponsored by members of the Minority'.

Minority Leader Stewart Madzayo accused Kingi of using his position to protect the image of the regime by rejecting censor motions against some government officers.

Madzayo said censure Motions against Cabinet Secretary Moses Kuria for his attacks on the media, Inspector General of Police Japhet Koome for his conduct during the Opposition protests and many others were rejected to "protect the image of the regime".

"We have also seen well-choreographed attempts to stifle debate on the floor through unequal application of the Standing Orders," Madzayo said, adding:

"We, the membership of the Minority side, have left the said retreat in protest at the hypocrisy of the leadership of the Senate and especially the open disregard of the rules of the House and contempt directed at the Minority side and its leadership."

"We want to express our dissatisfaction with how the Senate is being managed. When we raise the unconstitutionality of some of the Bills, they are not responded to," Minority Whip Ledama Olekina said.

Nairobi Senator Edwin Sifuna accused Kingi of ignoring the leadership of the Opposition in running the affairs of the Senate.

"It is professional misconduct for you not to respond to correspondence sent to you. Our Minority whip sent a letter in May 2023 but you are yet to respond to it," Sifuna said.

Governance expert Gitile Naituli says Kingi's actions are a clear indication that the Senate was operating under the directives of the President, a situation he described as an affront to democracy and independence of Parliament.

"With such leaders acting like they are members of the Executive, it is not expected of them to approve any negative motion against the government or government officials. It is more disheartening, especially, because the structure of our Constitution gives the Senate and the National Assembly powers to provide checks and balances to the Executive," Prof Naituli said.

Political analyst Charles Njoroge noted that Kingi was a beneficiary of his party's power-sharing deal with President Ruto and as such, his behaviour is like that of any other government appointee.

Kingi was the party leader of Pamoja African Alliance (PAA), which was part of the parties that controversially exited Azimio La Umoja One Kenya Alliance against the dictates of the Registrar of Political Parties Act.

While PAA finally exited Azimio on February 27, 2023, the party's efforts to ditch the coalition in May 2022 were thwarted by the Registrar of Political Parties who informed the officials that, as per the Azimio coalition agreement, they would remain constituent parties until they meet the conditions for withdrawal.

The ruling was later endorsed by the Political Parties Dispute Tribunal (PPDT).

"The Tribunal finds that no attempt was made to address the wrongful entry of PAA into a coalition. The tribunal is unable to assume jurisdiction. The tribunal declines jurisdictions in the dispute between PAA and Azimio," the ruling read in part.