Speaker to rule on EACC nominees' motion

MPs have petitioned Speaker Kenneth Marende to hold onto the names of the nominees to the Ethics and Anti Corruption Commission until he determines the validity of the House resolution.

Assistant minister Ndiritu Muriithi, Boni Khalwale (Ikolomani) and Olago Aluoch (Kisumu Town West) told the Speaker not to submit the names of the proposed chairman Mumo Matemu and two commissioners Jane Onsongo and Irene Keino, until he sets the record straight on the legitimacy of the one-vote majority with which they were approved. (READ: Matemu picked after bitter fight in House).

The MPs, in an unusually packed Wednesday morning sitting, said the motion before the House was the adoption of a committee report, which had recommended for the rejection of the nominees.

“Nowhere in the Standing Orders does it say that if a negative motion is negatived (sic) in the House it will become positive,” said Mr Muriithi.

Now that the said report had been rejected, the MPs argued, it was not automatic that the nominees had been approved. They reasoned that a separate motion was required to have the three approved.

The Speaker’s ruling is expected in the afternoon. Last week, when the motion came before the House, the Speaker threw out an amendment that had sought to amend the committee report and approve the names.

He said, it would be unprocedural to have an amendment that would in effect “negative” a motion before the House.

“The House may agree with the (Justice and Legal Affairs) committee, in which case, it will adopt the Committee’s Report or the House may disagree with the Committee, in which case, it will reject the Committee’s Report. If the House rejects the Committee’s Report by defeating this Motion, then the effect will be that the nominees as proposed by His Excellency the President in consultation with the Prime Minister, will stand. I hope I am clear on that,” Mr Marende ruled then.

It will be interesting to see how he handles the matter put before him, more so given the controversy that surrounded the approval of the report. If he is to remain consistent, he'll send the names to the President.

Deputy Speaker Farah Maalim too came under fire for his decision to vote to reject the committee report. However, Mr Maalim said he had a right under House rules to vote like any other member, and because he was an MP for Lagdera, he exercised his duty.

The Standing Order number 64, the Deputy Speaker said, allowed him to vote regardless of whether he’s presiding over the debate or not.

“I have an original vote. It says that every member, other than the substantive Speaker or the Attorney- General, shall be entitled to vote in a division, even though the member is in the Chair,” said Mr Maalim. “I also have a casting vote. Whenever there is an equality of votes on any question not requiring a special majority, the Speaker (including any other Member in the Chair) shall have a casting vote.”

“I have the power and legality to vote twice,” the Deputy Speaker added.

With that Mr Marende told MPs that he would hold onto the names until he makes a finding on the MPs’ concerns.