MPs vote against Naivasha law talks

MPs on Wednesday called off a consensus building meeting scheduled for this morning, in a surprise turn of events.

The House was supposed to adjourn on Wednesday to allow MPs travel to Naivasha for a three-day retreat during which they were to be walked through the draft constitution, which is meant to come up for debate.

The adjournment motion was defeated after 25 MPs voted against it, with 23 supporting.

MPs from the Orange party were joined by Imenti Central MP Gitobu Imanyara in defeating the motion, supported mainly by Party of National Unity and members allied to Agriculture minister William Ruto.

Disagreements arose immediately ODM chief whip Jakoyo Midiwo moved the adjournment motion.

Narok North MP William ole Ntimama said Naivasha talks were not envisaged in the review timetable and were thus a “waste of time.”

“The Committee of Experts has already given us a new constitution which we must debate in this House, why go to Naivasha again when the only place that debate on the Constitution matters is in this House?” asked Mr Ntimama.

Saboti MP Eugene Wamalwa (PNU) tried to cajole the MPs to attend the Naivasha retreat even with the knowledge that debate outside the House did not count and MPs will not in any way change the proposed law unless this is done in the House.

“We are going to meet experts, to discuss this issue, to understand the proposed constitution and reach a consensus before coming to this House,” said Mr Wamalwa.

Ms Rachel Shebesh (nominated, ODM) also led in the calls to have the draft constitution tackled in Parliament, where Kenyans can know what is going on.

In the debate marred by quorum hitches, MPs voted thrice to refuse to go to Naivasha.

The verbal vote by Temporary Speaker Margaret Kamar (Eldoret East, ODM) had to be taken twice as the “noise levels” were almost equal. Then, Prof Kamar declared the “ayes” as winners and it is at this time that those opposed to the Naivasha trip rose to seek a physical vote.

The House might vote on the same motion this afternoon but Members of the Parliamentary Select Committee on Constitution Review had already made the journey to Naivasha and were getting ready to welcome other members of Parliament. Some of these members left Naivasha to come back to Parliament to put a delay the start of the retreat until Friday.

Some MPs felt that all matters relating to the Constitution should be dealt with in the House and may therefore not go to Naivasha at all.

ODM MPs were led by party chairman Henry Kosgei and secretary general Anyang’ Nyong’o in rejecting the motion. Pentagon members Musalia Mudavadi, Joseph Nyaga and Charity Ngilu were also in the House.

Ms Ngilu and Mr Mudavadi are PSC members and were active in the House in marshalling support for the anti-Naivasha vote. They want the proposed law to be debated in Parliament. Mr Midiwo had moved the adjournment motion and was forced to support it in the vote, even as his party colleagues voted against the adjournment.

ODM says it supports the proposed constitution and wants it passed as it is. PNU, on the other hand, wants changes to clauses on the powers of the senate and others dealing with the transition from the old to the new constitution.

MPs could still travel to Naivasha for the meeting on Saturday if Parliament does not cancel the retreat. The retreat was organised by Parliament