ODM MPs pull out of House team

The operations of the crucial Parliamentary committee on Justice and Legal Affairs has been thrown into disarray when the Orange Democratic Movement withdrew its membership.

ODM secretary-general Anyang Nyong’o, who was accompanied by more than 10 MPs, announced the move at Parliament Buildings saying it was meant to pave way for the crisis dogging the committee to be solved politically.

A majority of the committee members including dissenting ODM MPs had rebelled against chairman Ababu Namwamba and sought for a meeting to replace him.

But keen not to lose the control of the key committee that vets major public appointments ODM announced the withdrawal of renegades Isaac Ruto and Sophia Abdi for siding with PNU members but this was no effected by Parliament.

Efforts by the Liaison Committee whose chairperson is Deputy Speaker Farah Maalim to resolve the dispute in Justice and Legal Affairs team have also been futile. Mr Farah’s committee is supposed to guide and co-ordinate the operations, policies and mandates of all committees.

The Legal committee deals with constitutional affairs, the administration of law and justice, public prosecutions, elections, ethics, integrity and anti-corruption and human rights. It is key in implementation of the new Constitution.

According to the standing orders, in nominating members to serve on any select committee, the House Business Committee shall ensure that the membership of each committee reflects the relative majorities of the seats held by each of the parliamentary parties in the National Assembly and Kenya’s ethnic, geographical, cultural, political, social and economic diversity; and shall give consideration to the need for gender balance.

The rules further state that a vacant position occasioned by the resignation, removal or appointment of a member to the government shall be filled within seven days after the National Assembly next meets.

Prof Nyong’o said ODM had written to National Assembly Speaker Kenneth Marende and clerk Patrick Gichohi informing them of the withdrawal.

“We are ready to sit down with our coalition partner to discuss the issues. We should not bring to Parliament issues that can be resolved politically outside,” Prof Nyong’o said.

The ODM statement came just minutes before a scheduled meeting of the Committee,  which Prof Nyong’o said could not go on without ODM members.

The Medical Services minister said ODM will look on members ability to serve, loyalty to the party and advancement of democratic process in reconstituting the committee.

He said it would be illegal for the committee to continue with its work without ODM members.

The ODM members who withdrew from the Committee are: Mr Namwanba, Nominated MP Millie Odhiambo and Kisumu Town West legislator Olago Aluoch.

Other members are Mr Baiya, MPs Isaac Ruto, Amina Abdalla, Sofia Abdi, Eugene Wamalwa, Mutava Musyimi and George Nyamweya.

Prof Nyong’o said the leadership and composition of the Justice and Legal Affairs committee and that of the Constitution Implementation and Oversight Committee were negotiated between the coalition partners in the context and spirit of the National Accord.

“The party calls upon our partner in the Coalition Government to join us to put in motion a viable dispute resolution mechanism that will solve this and many other political issues impacting on the work of the National Assembly,” Prof Nyong’o said.

He said ODM is convinced forces that opposed the constitution either in ‘No’ camp or as ‘water melons’ have formed a coalition of impunity to derail implementation of constitution and protect status quo.

The ‘Coalition of Impunity,’ he said, was targeting for attack all key avenues for implementing the constitution through deliberate attempts to destroy the process of delimitation of new constituency boundaries by discrediting the defunct Interim Independent Boundaries Review Commission, “whose report was subjected to contempt and odium by hired guns in the judiciary and at the government printer".

Prof Nyong’o also named botched attempt to make appointments of Chief Justice, Attorney General, Director of Public Prosecutions and Controller of Budget without following constitution as work of “coalition of impunity.”

There were also delaying tactics in drafting of implementation legislation and attempting to hold Parliament hostage to extraneous issues so as to waste precious debating time.

“ODM is further perturbed that the coalition of impunity may be holding H.E the President hostage and misleading him into making some dangerous decisions like those botched nominations of AG, CJ, DPP and Controller of Budget,” Prof Nyong’o said.

ODM, he added, is further unhappy with threats directed to persons or institutions that stand firm in defence of the constitution. The threats of ejection from office, he said, have been made against National Assembly Speaker Kenneth Marende, AG Amos Wako, and Mr Namwamba, Prof Nyong’o said.

“Their only crime is that they have stood firm and faithful in defending the new constitution and the transformation it promises the people of Kenya…ODM rejects attempts by the coalition of impunity to poison operations of parliamentary committees with politics of impunity,” Prof Nyong’o said.

He said the row in Justice committee is part of wider scheme to take control and improperly influence all the key arenas of implementing the constitution.

He said the justice committee was targeted by ‘coalition of impunity with an eye on improperly influencing anticipated appointments to crucial constitutional offices, especially commissioners to the new IEBC, CJ, AG and Inspector-General of Police, all of who will be vetted by the Justice Committee.”

Prof Nyong’o said ODM would not be party to reincarnation of impunity and dangerous manipulation of the constitution implementation process.

PNU official Jeremiah Kioni said ODM has no legal grounds to withdraw any member from any committee.

He said names of members must be brought to Parliament and be endorsed by MPs.

ODM, Mr Kioni said, was trying to pre-empt the decision of Justice committee to vote out Mr Namwamba.