Lobbying intensifies ahead of MPs' vote on fuel tax

Section of MPs led by Mohamed Ali (left), Didmus Baraza and Charles Kilonzo addressing the media at Parliament on the VAT on petroleum products. [Boniface Okendo/Standard]

Subtle but concerted behind-the-scenes lobbying intensified yesterday to have at least 117 MPs support President Uhuru Kenyatta’s punitive tax proposals, including the eight per cent value added tax on fuel.

The effect of this is that it will deny those opposed to Uhuru's recommendations the requisite two-thirds majority (233 MPs) required to veto his memorandum on the Finance Bill, 2018.

And the prospects of the President having his way were notable as some MPs were contemplating skipping the special sitting.

Yesterday, the lawmakers were reportedly called individually and prevailed upon not to override the President’s rejection of the Finance Bill, 2018. The lawmakers who for the past couple of days have made their positions known were yesterday cagey over their final decision when they meet this afternoon to vote.

Some MPs who sought anonymity cited blackmail from their respective parties, claiming they had been told the list of how they would vote would be shared with the President and Opposition leader Raila Odinga. Uhuru and Raila yesterday whipped Jubilee and National Super Alliance MPs to support the tax proposals while citing a Sh67 billion budget gap following rejection of most of the tax measures by Treasury.

An ODM MP said some legislators might choose to skip today’s sitting to avoid antagonising their party leaders and at the same avoid the wrath of their electorate.

“Chances of Uhuru having his way is not assured and that explains the ongoing lobbying by the Executive. I can tell you some MPs will skip the sitting to avoid expressing their position on the matter that would either pit them against their party leaders or the electorate,” said the second-term MP from Nyanza.

At least two MPs who have been at the forefront in opposing the changes yesterday said they would not take part in the vote as they were out of the country.

National Assembly Majority Leader Duale pleaded with the 349 MPs to vote in support of the President, stating that the country needed money to continue providing essential services.

“I hope the MPs will listen to the pleas of their respective party leaders and the leadership of the House and support the proposals tomorrow (today)," he said.

"I believe members will rise to the occasion and pass the President’s memorandum because we have to balance the need to have funds for development.”

Bungoma Senator Moses Wetang’ula yesterday criticised Raila for rallying Opposition MPs to support Uhuru.

He urged Opposition MPs to reject the tax proposals that he said were overburdening 'Wanjiku'. "Our opposition to imposition of a further tax load remains intact. The ODM leader's statement is personal and does not in any way represent NASA. NASA MPs are advised to play their opposition role," he said.

Raila’s son, Raila Junior, also called on the Kibra MP to defy the Opposition chief and reject the proposals.

“Unfortunately, as a Kenyan citizen, I am unconvinced by the statement put out by NASA on the VAT on fuel. None of the conditions they have put up are measurable and even if they were, they are nowhere near closing the deficit on the debt. I call for my MP to reject,” he said.

National Assembly Speaker Justin Muturi spelled out the rules for the special sitting, saying MPs were free to propose further amendments to the President’s recommendations so long as they did not fully alter the proposals.

“So long as such amendments have the effect of fully accommodating the President’s reservations, the voting threshold for the passage of such amendment or, indeed the proposals made by the President, is a simple majority as contemplated by Article 122 (1) of the Constitution,” he said.

“Any other proposed amendment that does not fully accommodate the reservations, or indeed a total override of the President’s reservation, including his proposed text, would attract the two-thirds requirement,” he added.

Special sitting

The Standard yesterday established that Jubilee was making frantic efforts to ensure both the President’s memorandum and the Supplementary Appropriations Bill, 2018, sailed through.

Inside sources disclosed that Jubilee might even request a special sitting tomorrow if business is not concluded by midnight today.

The MPs bulldozed their way to exclude the proposed Sh5.9 billion from their Sh35 billion National Government Development Fund, after a stormy State House meeting.

MPs were said to be plotting to pass the memo if they failed to marshal the two-thirds to veto it, but reject several clauses of the Appropriations Bill to force the President to send his reservations.

On his part, Uhuru is alive to the options and has resolved to present himself as early as next week in the House gallery to witness live the House deliberations should they take this route.

The special sitting will commence with the tabling of a report of the Finance Committee on the President’s memorandum on the Finance Bill.

This will be followed by the tabling of a report by the Budget and Appropriations Committee on a supplementary budget.

Thereafter, there will be a procedural motion to allow the Supplementary Appropriations Bill to go through all the stages in one day.