Ministers reject calls to quit party offices

• MPs in threat to paralyse Government agenda if cabinet members hold on to political party seats

Cabinet ministers on Tuesday rejected demands that they resign from leadership positions in political parties in line with the new Constitution.

The ministers argued that the new law blocking state officers from holding office in political parties would only come into effect after the 2012 General Election.

A group of MPs had earlier demanded that President Kibaki, Prime Minister Raila Odinga and all Cabinet ministers and assistant ministers relinquish any party offices they hold in accordance with Article 77(2) of the new Constitution.

The Article reads: “Any appointed State officer shall not hold office in a political party.”

Cabinet Ministers including Anyang’ Nyong’o (Health), Mutula Kilonzo (Justice and Constitutional Affairs) and Samuel Poghisio (Information and Communications) immediately said that the specific section of the law would only come into force after the next General Election.

Speaking at Parliament Buildings on Tuesday morning, MPs Danson Mungatana (Garsen), Charles Kilonzo (Yatta) and David Ngugi (Kinangop) asked President Kibaki and Mr Odinga to move fast and draw a timetable for implementation of administrative changes under the new Constitution that will not require legislation by Parliament.

“The two need to show commitment to the new laws by effecting administrative changes such as compliance with Section 77 that do not require legislation by Parliament, by directing their ministers to stop breaking the law by holding onto party positions,” said Mr Mungatana.

The MPs who belong to the Parliamentary Caucus on Reforms gave an ultimatum for all ministers to quit party posts by September 28, failing which they would paralyse government business on that day when Parliament returns from recess.

“We shall make life very difficult for (Government) as it seeks to transact its business in the House. We will not tolerate any attempts at encouraging impunity,” said Mr Kilonzo.

But his namesake, Justice minister Mutula Kilonzo, who is also the ODM Kenya secretary-general, cited Section 2 of the Sixth Schedule which suspends the provisions of Chapter 7 until after the first elections held under the new Constitution.

“I accept the spirit of the Article because it is intended to remove conflict of interest between state offices and politics, but we must also remember that Chapter 7 which deals with representation of the people has been suspended until after 2012,” he said.

Section 2 of the Sixth Schedule reads: “The following provisions of this Constitution are suspended until the final announcement of all the results of the first elections for Parliament under this Constitution –– (a) Chapter Seven, except that the provisions of the Chapter shall apply to the first General Election under this Constitution.”

The Justice minister also cited Section 3(2) of the Sixth Schedule which retains the provisions of the former constitution on the Grand Coalition Government established under the National Accord until the next General Election.

He stated that the law requiring state officers, who are defined in the Constitution to include the President, deputy President, Cabinet Secretaries and MPs, was being considered.

“This is a matter being discussed at the parties level, it has even been raised in the Cabinet and a decision will be taken soon,” he said.

Members of the Executive holding political party seats include President Kibaki (PNU party leader), Mr Odinga (ODM party leader) Vice President Kalonzo Musyoka (ODM-K party leader), Mr Poghisio (ODM-K chairman) deputy PMs Uhuru Kenyatta (Kanu chairman) and Musalia Mudavadi (ODM deputy party leader), William Ruto (ODM deputy party leader), and George Saitoti (PNU chairman).

Others are Charity Ngilu (NARC chairperson), Kiraitu Murungi (PNU secretary-general), Henry Kosgey (ODM chairman), Joseph Nyagah (ODM vice chair).

The position taken by the ministers against the resignation calls was supported by Committee of Experts chairman Nzamba Kitonga and member Njoki Ndung’u.

“The Article does not affect the current ministers and MPs because they are both elected. It is only after 2012 that ministers will not hold party positions because they will be appointed,” said Mr Kitonga.

Ms Ndung’u said the new Constitution drew a clear line on the appointed and elected officers, as it intended to keep partisan officers (elected MPs) from the Executive.

“The reason is that elected officers are partisan while the appointed ones are non-partisan,” she said.

Prof Nyong’o dismissed the demands by the MPs stating that the transitional clauses were clear on the coming into force of sections of the Constitution.