President's men target Speaker

House Speaker Kenneth Marende will be a man on the spot when MPs meet on Tuesday to try and overturn President Kibaki’s reappointment of anti-graft chief Aaron Ringera.

It will be a battle for power played out before the House on an unprecedented scale. One group of MPs views Parliament’s assertiveness as victory for democracy and another sees it as an affront on the Executive and national stability.

In a determined move to have their way, MPs opposed to Justice Ringera’s reappointment plan to stop funding to KACC in a bid to kick him out.

Alternatively, the MPs plan to scrap his hefty Sh2.5 million-a-month salary along with that of his two assistants appointed in similarly controversial circumstances, Dr Smokin Wanjala and Ms Fatuma Sichale.

The Sunday Nation has learnt that another section of MPs who side with the President’s decision were discussing ways to “tame” the Speaker whom they accuse of misinterpreting the law and thereby “allowing MPs to embarrass the President”.

Describing last week’s events in Parliament when the Speaker ruled in favour of MPs opposed to President Kibaki’s action as “sad and disappointing”, Justice minister Mutula Kilonzo said Mr Marende was “close to abusing his power”.

He accused the Speaker of colliding the three arms of government — Parliament, the Judiciary and Executive — and denying judges the right to hear a case without interference by Parliament.

“The Speaker is beginning to lean to one side,” the minister charged.Repeated attempts to reach the Speaker through his staff were unsuccessful.

A source familiar with the President’s thinking said the Head of State was unhappy with the recent trend of events. “The President understands the law and views what has been going on as an active agenda to limit executive authority,” the source, who cannot be named discussing State House matters, said.

“Eroding executive authority can lead to disaster as has happened in some countries ... it has even led to military coups,” the source said, emphasising the need to follow the Constitution.

While the President’s defenders have been quick to push the position that he did not break the law, they are hard put to explain why a different process was followed in the reappointment of assistant director in charge of investigations John Mutonyi.

When Mr Mutonyi’s position fell vacant, the Kacc board advertised it and invited applicants after which Mr Mutonyi’s name was forwarded to Parliament for approval. His name was later forwarded to the President for reappointment.

Revisiting the controversy over the Leader of Government Business in Parliament earlier in the year, the State House source said the Speaker’s refusal to act on the President’s letter because he had received another one from the Prime Minister was tantamount to questioning executive authority.

“The strategy has been to weaken the Executive, demonise the Judiciary and concentrate the powers in Parliament which makes the Speaker the de facto leader of this country,” the source said. He said that by Parliament interpreting the law, it takes away the powers of the Judiciary, which can lead to a crisis.

On Tuesday’s House diary, known as the Order Paper, MPs have devised three plans to kick out the embattled Justice Ringera. The first is the adoption of the joint report of the parliamentary committees on Delegated Legislation and the Justice and Legal Affairs that has recommended the revocation of his reappointment and that of his two assistants.

The order paper – the list of the day’s business – states that the chairperson of the committee on Delegated Legislation, Ms Amina Abdalla, will initiate debate on the report. The report states that President Kibaki acted illegally by reappointing Justice Ringera and his two assistants and recommends that the Gazette notice be revoked and the due process followed.

If adopted, it will have tested the President’s powers and created confusion on whether Justice Ringera and his assistants should stay put or move out of Integrity Centre. Should they fail, the MPs plan to employ their second plan by amending the Appropriations Bill to wipe out the entire budget for the anti-graft body this financial year – effectively crippling its operations.

The amendment is to be moved by the chairman of the Justice and Legal Affairs committee Abdikadir Mohammed. “The law must be followed by all irrespective of their status,” said Lands Minister James Orengo.