Kenya Senate: Okiya Omtatah Ejected for 'Yapping Ruto' Remark

• Busia Senator Okiya Omtatah was ejected from the Kenyan Senate and barred for three days on September 10.
• The disciplinary action followed his refusal to withdraw remarks describing President William Ruto as "yapping."
• Speaker Amason Kingi enforced a prior ruling that deemed the term unparliamentary, citing the need to uphold Senate Standing Orders.
• Omtatah defended his use of the word as a permissible description, while other senators raised concerns about freedom of speech and county representation during suspensions.

He argued that punishing senators for their opinions in the House would undermine the doctrine of freedom of speech, a critical aspect of parliamentary privilege for Kenya legislators.

Busia Senator Okiya Omtatah was removed from the Kenyan Senate and prohibited from attending sittings for three days on Thursday, September 10. This disciplinary action followed his steadfast refusal to retract a comment describing President William Ruto as "yapping," a term the Speaker deemed unparliamentary.

Senator Omtatah immediately protested the directive, asserting that the word was neither unparliamentary nor disrespectful. He argued it was a permissible and accurate characterization of what he perceived as excessive political communication from the President, even referencing the Westminster Parliament's record to support his claim. He also cautioned Speaker Amason Kingi against what he termed a "slippery slope" in limiting legislative debate.

Speaker Kingi intervened, cutting Omtatah short and stating that the Senator was engaging the Chair rather than complying with a prior ruling to withdraw the word. Kingi then formally ordered Omtatah to exit the chamber for three consecutive sitting days. He issued a stern warning that any failure to comply would result in the intervention of the Sergeant-at-Arms and a significantly longer 90-day exclusion from the legislative body.

This confrontation stemmed from a ruling made during a previous sitting, where a temporary Speaker had initially determined that the term "yapping" was unparliamentary and instructed Senator Omtatah to withdraw it. The withdrawal was not completed at that time because Senator Mohamed Faki raised a quorum issue, leading to the Senate's adjournment before the matter could be fully resolved.

The issue resurfaced on Thursday, with Senator Omtatah again given the opportunity to comply with the previous ruling. Instead, he sought to explain and defend his word choice, triggering the direct exchange with Speaker Kingi. Kingi firmly stated that the temporary Speaker's ruling was not subject to review, and his primary duty was to enforce the Senate Standing Orders.

Speaker Kingi dismissed arguments that the remarks were made when the Senate lacked quorum, clarifying that the quorum issue was raised only after the withdrawal order had been issued, and the proceedings were legitimate when the words were uttered. He underscored the necessity for senators to respect the Standing Orders they themselves had adopted, emphasizing that while they might not respect him personally, they must respect the rules that govern their legislative conduct.

The Okiya Omtatah Senate ejection over his "yapping Ruto" remarks sparked concern among some legislators, who urged the Speaker to reconsider the disciplinary action. Homa Bay Senator Moses Kajwang’ questioned the appropriateness of disciplinary action for remarks made when the House lacked quorum, even while not defending Omtatah's specific words. He highlighted the significant consequence of a suspension, which effectively leaves a senator’s county without representation in the Senate for the duration of the exclusion.

Kakamega Senator Boni Khalwale offered a defense of Senator Omtatah, suggesting that "yapping" simply implied excessive talking and could be interpreted as an opinion rather than an insult. He argued that punishing senators for their opinions in the House would undermine the doctrine of freedom of speech, a critical aspect of parliamentary privilege for Kenya legislators. Khalwale further questioned whether the term itself was inherently unparliamentary or if its application to the President was what made it objectionable.

Speaker Kingi reiterated that the matter had been resolved by the earlier ruling. He advised that if senators felt the rules restricted their freedom of speech, they could propose amendments to the Standing Orders, indicating that the rules were not immutable. This Omtatah suspension Ruto remarks incident highlights the ongoing tension between maintaining parliamentary decorum and upholding the freedom of expression for elected representatives.

This incident highlights the interpretation and enforcement of parliamentary standing orders regarding unparliamentary language and the limits of freedom of speech for legislators in Kenya. Lawyers advising public officials or those involved in legislative processes should note the Speaker's authority to interpret and enforce these rules, and the potential for disciplinary action even for seemingly innocuous terms, impacting legislative representation and debate.

Source: Reporting based on original coverage.