Why MPs may not agree on new committee membership

What you need to know:

  • Speaker to chair House Business Committee as coalition partners maintain hard-line stances over the composit- ion of the team to vet chief justice

Parliament’s most influential committee will hold a special meeting on Monday to discuss the membership of the team that will vet the nominees for the position of the Chief Justice, his deputy and the Director of Public Prosecutions.

But the hard-line positions of the coalition partners and the troubles of the Justice and Legal Affairs Committee could stand in the way of progress at the meeting of the House Business Committee chaired by Speaker Kenneth Marende.

The fresh quarrels over the membership of the ad hoc committee could pose a threat to the progress the HBC.

ODM scored a victory of sorts when MPs resolved at an informal meeting at Parliament Buildings to form the special committee with the sole task of vetting Dr Willy Mutunga, Nancy Baraza and Keriako Tobiko.

The party has been struggling to eject rebel members from the committee who had ganged up with the PNU members to remove Ababu Namwamba as chairman of the Justice and Legal Affairs Committee.

The removal of Mr Namwamba, described by the MPs who do not want him as arrogant and high-handed in his handling of the team’s affairs, has derailed the committee’s operations.

ODM had tried to replace Isaac Ruto and Sophia Abdi Noor and announced the withdrawal of all its members before a meeting where Mr Namwamba was ousted through a no-confidence vote.

The realisation that the special committee gave ODM the opportunity to lock out the rebels and therefore reduce the influence of the Uhuru-Ruto alliance seems to have spurred the latest reaction.

Immediately after the kamukunji, PNU Chief Whip Johnstone Muthama said the party preferred the ODM rebels on the Justice Committee on the new team.

Shortly after that, Finance minister Uhuru Kenyatta, Justice minister Mutula Kilonzo and Mr Muthama met Prime Minister Raila Odinga and floated a new idea.

This would see the membership of the committee increased from 11 to 15, with ODM contributing three of the four new members and Martha Karua’s Narc Kenya naming one. ODM would select the chairman from the three new members.

“PNU’s proposal was fantastic. I know I have been opposing them, but for the first time they showed leadership with this suggestion which would ensure inclusivity,” Mr Kilonzo told the Sunday Nation.

He said the “real reason” ODM does not want the Justice team to take up the responsibility of vetting Dr Mutunga, Ms Baraza and Mr Tobiko is to exclude the rebels within its ranks.

“A committee that will not embody regional, ethnic and general diversity is meaningless. That’s why we want to retain the Legal Affairs Committee intact and accommodate ODM’s worries without disrupting the balance,” Mr Kilonzo said.

That, he noted, was the reason why “we have been asking the principals to intervene.”

It is understood that the Prime Minister was hesitant to respond and said he would consult first.

Apparently, the PNU team would have preferred that he agree immediately ahead of the HBC meeting on Thursday evening.

ODM deputy party leader Musalia Mudavadi, secretary-general Anyang’ Nyong’o and Chief Whip Jakoyo Midiwo appeared uncomfortable with it the proposal. Mr Midiwo argued that there was no way the party would recognise the rebels, and if they were included in the committee, ODM would ask its loyalists to pull out.

“You cannot come and dictate to us who our representatives in the committee will be. We have our own list and if you do not agree, then we will go back to square one and Kenyans will have seen who is blocking implementation,” Mr Midiwo said.

He wondered why the two ministers and the Chief Whip did not consult President Kibaki before rushing to present their proposals to the PM.

“Why did he (the PM) take it upon himself to meet an amorphous group yet he was in Parliament and did not attend the kamukunji whose outcome he should have abided by?” Mr Midiwo asked.

He said ODM’s list would be all-inclusive.

The Justice minister argued that it would be discriminatory and a violation of the standing orders to sideline MPs considered rebels, mainly from the Rift Valley and North Eastern.

But Mr Midiwo asked: “Who is intending to ignore representatives from Rift Valley? We have our MPs from the region on the list. The problem is that to them (PNU and allies) Rift Valley means Isaac Ruto.”

Mr Midiwo said ODM was against the inclusion of the rebels on the new committee as it feared they would be used to oppose the nomination of Dr Mutunga “who they know cannot be used to subvert the Constitution.”

Defence assistant minister David Musila is understood to have suggested at the kamukunji that the nominees be discussed by the whole House as having a committee do so would open up more disagreements.

But he was told that doing so would open the window for court cases on the basis that there would have been no public participation without open interviews by the committee, which would also receive memoranda from wananchi.

Despite preparations

President Kibaki had been scheduled to attend the kamukunji at Parliament’s Old Chambers but did not make it despite preparations by members of the presidential guard and Parliament staff.

National Assembly clerk Patrick Gichohi and Vice-President Kalonzo Musyoka spent some time at the main gate waiting for the President.

No explanation was offered for his absence, but the head of the Presidential Press Service Isaiya Kabira told the Sunday Nation “the President was well represented by the Vice-President.”

Mr Midiwo alleged that the President was advised not to attend the meeting by a “clique of masters of impunity opposed to Dr Mutunga’s nomination.”

PNU insiders said that the feeling within the party was that the President did not need to attend the meeting as negotiations had been made, and it would only serve to embarrass him.

The infighting within the Justice committee and the subsequent row over the composition of the ad hoc committee has bred suspicion over the implementation of the Constitution.

This became apparent last Thursday when Vice-President Kalonzo Musyoka announced that the scheduled debate on a host of amendments to the Independent Electoral and Boundaries Commission Bill would have to be postponed.

Backbenchers who were eager to move on with the amendments read mischief in the government’s apparent intentions and alleged the inclusion of selfish interests in the bill.

“These matters to do with the Constitution are a little different from the typical government business. The Justice minister does not appear anywhere in the implementation process. So, for (him) to take those powers to rearrange work dealing with the Constitution… is completely unacceptable,” said Abdikadir Mohammed, the chair of the Constitutional Implementation Oversight Committee complained.

Gichugu MP Martha Karua complained too. “The country is wondering why Parliament is delaying implementation… there’s no good reason for delay, especially when the government requested and this House graciously accepted to speed up the process,” she said.

Mr Kilonzo said he needed time to collate the amendments and the absence of the Justice and Legal Affairs committee to deal with the issue had complicated matters for him.

He said the Constitution Implementation Commission chaired by Charles Nyachae had intervened and taken up the task and the bill would be back in the House on Tuesday.

“This is a very crucial and fundamental law, and we cannot treat amendments casually. We do not want to leave a window for one to go to court.”

Consequently, he will propose that Parliament extends its Tuesday sitting to consider the bill and that on the Supreme Court.

If the HBC agrees on the names on Monday, the team could start work on Tuesday if the names are approved by the House.