Fatuma Dullo, a senator from Isiolo and the minority whip, received a temporary respite from the Political Parties Disputes Tribunal (PPDT), which had previously prohibited the Azimio la Umoja One Kenya coalition party from making changes to its House leadership.
Dullos's replacement is Senator Ledama ole Kina of Narok following the changes Azimio leader Raila Odinga announced last week.
Tuesday's announcement of the tribunal's decisions by Senate Deputy Speaker Kathuri Murungi drew severe criticism from the minority wing, which cautioned the Speaker against disobeying the standing orders.
Thus, I defer the communication awaiting the resolution of the proceedings before the tribunal, said Murungi. "respect for the law and the judicial system authority are essential elements of our democratic administration system.
Did you read this?
"What we want as a minority is what we provided you last week and it has taken so long, you are now denying the minority access to have their leaders," Minority Leader Stewart Madzayo shot out.
No matter how long it takes, you cannot force leadership on the minority, said Nairobi senator Edwin Sifuna.
Dullo, the unwanted guest at the table, remained silent when taking the Minority Whip seat despite insults directed at her.
"Here we can have you as our whip," remarked Senator Moses Kajwang of Homa Bay. "You can be legal but illegitimate, therefore we say Yes, Ruto is legally the President, but illegitimate in our views."
Dullo has come under fire for showing favouritism towards President William Ruto when courting the ruling Kwanza party in Kenya.
The Jubilee Party and the wider Azimio family are at odds over the legitimacy of President Ruto's administration due to the division.
The issue we are discussing today is more political than legal, according to Siaya Senator Oburu Odinga. We won't submit to Jubilee's whipping because Kenya Kwanza is poaching, the Senators have stated, and you poached our members, and we gave them to you, so why are you interfering with us?
The Azimio Senators insisted that the Speaker adhere to the standard that the late Speaker Kenneth Lusaka set.
The PPDT is a tribunal; it cannot impose an order on Parliament. Your options are limited, Mr Speaker, Senator Madzayo said.
"Mr. Speaker, you are not a party to these processes. This is an Azimio divorce. You were not one of the negotiators or a party to the negotiations," the majority leader Aaron Cheruiyot remarked.
Senators elected to leadership in the House felt they were betraying their constituents.
"How I wish you could have issued it last week as you have now, it was a simple communication that has now burned the House," declared newly-nominated Senator Crystal Asige. Kenyans expect us to work, so I implore you, Mr Speaker, to complete this business.
On February 28, 2023, the Political Parties Disputes Tribunal will issue instructions regarding the situation.