Senator Omtatah suspended for 3 days after refusing to apologise over Ruto ‘yapping’ remarks

Busia Senator Okiya Omtatah has been suspended from the Senate for three consecutive sittings after refusing to withdraw and apologise for referring to President William Ruto’s recent roadside pronouncements as “yapping.”

Senate Speaker Amason Kingi ordered Omtatah to leave the chamber after the Senator challenged a directive requiring him to withdraw the remarks, maintaining that the word “yapping” was not unparliamentary.

The matter in question arose during Wednesday’s afternoon sitting when Omtatah, while commenting on a statement regarding President Ruto’s sentiments on the closing of small businesses by foreigners and Tata Company, said the President was yapping; a word that the Speaker said was unparliamentary.

“The roadside pronouncements by the President, first of all, violated the Constitution, Article 135 that does not allow the President to go yapping around and saying things that have not been approved,” Omtatah said.

During the Thursday session, Kingi told the Senate that Senator Samson Cherargei had raised a point of order over Omtatah’s use of the word “yapping,” arguing that it was unparliamentary and inappropriate when referring to the President.

Senator Mohamed Faki also supported the point of order, citing the Google Dictionary definition of “yapping” as “talking too much about unimportant, trivial and uninteresting things.”

Kingi said the Temporary Speaker, Senator Abdul Haji, had subsequently ruled that the word was unparliamentary and directed Omtatah to withdraw it and substitute it with a more appropriate expression.

Omtatah, however, maintained his position, saying he was unwilling to withdraw the remarks because he believed the word was permissible in Parliamentary language.

“I rise to address the House on the requirement you have placed upon me to withdraw my statement regarding the President’s recent roadside declaration. I wish to do so not out of defiance, but out of a deep respect for this House, its procedures and the integrity of our Parliamentary language,” Omtatah said.

“I believe that a careful examination of Parliamentary precedent, specifically from the mother of all Parliaments, Westminster, will demonstrate that the term I used was not unparliamentary, but rather a permissible and accurate characterisation of a specific type of political…”

Kingi interrupted him, pushing that the Senator proceed to apologise. Omtatah, however, insisted that he was answering the Speaker’s order, a confrontation which led to a back-and-forth.

“Mr Speaker, Sir, don’t dance on a slippery slope. I’m answering your order. ‘Yapping’ is not unparliamentary. Check the record of the Westminster Parliament,” Omtatah said.

Kingi then ordered Omtatah to leave the chamber for three consecutive sitting days.

“I order you to leave the chamber for three consecutive sitting days. You may leave now,” Kingi said even as Omtatah continued to challenge the Speaker’s directive, 

“Don’t make me direct the Sergeant-at-Arms to come for you, because then that will amount to 90 days. Kindly leave the chamber,” Kingi said.

“Let’s observe decorum. We are not in the Westminster Parliament. This is the Kenyan Parliament with its Standing Orders. Sergeant-at-Arms, kindly get the Senator out of the chamber."

After Omtatah left the House, some Senators tried to defend his sentiments, urging the Speaker not to be too quick to gag members while debating on the floor.

According to Kakamega Senator Bonny Khalwale, suspending Omtatah is tantamount to denial of freedom of speech.

“If we are going to start punishing Senators for their opinions in this House, it means, Mr. Speaker, we are breaching the doctrine of freedom of speech in this House,” Khalwale said.

Homa Bay Senator Moses Kajwang also weighed in, urging the Speaker not to be too quick to punish members for giving their opinions on the floor of the House.

“I want to dissuade you and your panel from invoking that nuclear option of suspension and excluding members from this House. Because when you do so, then the entire Busia County is not represented when you're having these conversations. So, Mr. Speaker, those two issues,” he urged the Speaker.

However, Speaker Kingi was firm in his decision, insisting he had been lenient on the Senator following his transgressions of not following the standing orders.

“The biggest problem is when you apply these standing orders, there's bound to be an issue, because once you breach these standing orders, consequences will follow, and consequences are not something to smile about, and that's why we complain whenever those consequences ensue. But again, we cannot suspend these standing orders,” he said.