Marende refuses to rule on Baragoi military role

House Speaker Kenneth Marende on Thursday declined to give a ruling on the legality of President Kibaki’s move to send the military to quell violence in Baragoi and Garissa — the two towns where bandits had killed police officers and soldiers.

The Speaker dismissed the plea by ODM Chief Whip Jakoyo Midiwo, saying he appeared to have lost confidence in the House when he sought a constitutional declaration on the legality of the deployment of the troops within the country from the High Court.

“If you believe in this House, conduct your business here,” said Mr Marende.

Because the prayers at the High Court are similar to those in the House, Mr Marende said Mr Midiwo would just have to wait for the court’s ruling.

He argued that if he made a ruling, it would prejudice the case pending in court.

Mr Marende quoted his predecessor, Mr Francis ole Kaparo, who ruled that “the effectiveness of the National Assembly will be seriously undermined if members pre-empt debate on matters before the House by resorting to court.”

President Kibaki, who chairs the National Security Council, directed on November 13 that the military be sent to Samburu County to pursue the bandits who had killed 42 police officers days earlier.

The President and his Internal Security Minister Katoo ole Metito said the National Security Council did so pursuant to article 241(3)(b), and therefore did not require the approval of the House.

But Mr Midiwo said the military could only be deployed within the country’s borders “with the prior approval of the National Assembly”.