Kalonzo drops move to take fight to court
Vice-President Kalonzo Musyoka will not take the fight for the leadership of the House Business Committee to the courts. His change of heart comes a day after he indicated that PNU would seek an interpretation of the position of the National Accord on the issue from a constitutional court.
But on Wednesday, the VP said consultations were taking place to resolve the impasse. His backtracking came as lawyers and diplomats backed Speaker Kenneth Marende’s ruling on who should be the leader of Government Business in Parliament.
The Law Society of Kenya welcomed Mr Marende’s ruling, but said PNU had the right to seek a court’s interpretation of any part of the Constitution that they feel aggrieved by. “As lawyers, we cannot stand in their way since it is their constitutional right to seek legal redress on any matter,” LSK chairman Okong’o Omogeni said.
Constitutional lawyer Pheroze Nowrojee said that Mr Marende’s decision was a matter of Parliament and can only be discussed in the House. He said that whether the ruling should stand or not was the prerogative of Parliament since the Speaker had mentioned that it was in relation to the House.
No jurisdiction
“The courts have no jurisdiction to overrule a decision that has been made by the Speaker in relation to matters of the House,” Mr Nowrojee said. Adding their voices to the chorus of approval of Mr Marende’s ruling, diplomats said the ruling was impartial and final, and that there was no time to “argue about it”.
“The ruling was wise, constructive, symbolic, keeps Parliament functioning and reflected Kenyans’ wishes,” the US, UK and German ambassadors to Kenya told journalists in Nairobi on Wednesday. Mr Michael Ranneberger (US), Mr Rob Macaire (UK) and Mr Walter Lindner (Germany) said the ruling would unlock House business and spearhead crucial reforms.
It also put pressure on President Kibaki, Prime Minister Raila Odinga and their parties “to roll up their sleeves, get their act together, find solutions to challenges facing the country and revitalise the spirit of the National Accord,” they said. “It is only by revitalising the spirit of the National Accord that the political class can solve the crisis and enable Parliament continue with its business,” Mr Lindner said.
The envoys said there were many unresolved issues that needed urgent solutions, and that the country could not afford further bickering.
