House short of numbers to pass key motion

Parliament adjourned early Thursday after it failed to raise the requisite numbers to extend Sunday's constitutional deadline to pass Bills by 60 days.

There were 66 MPs in the House, way below the minimum of 148 required to approve the deadline extension as prescribed in law.

Lands minister James Orengo and Attorney General Githu Muigai were lonely on the frontbench as backbenchers read mischief in the low turn-out of ministers and their assistants.

With just 12 assistant ministers in the House, MPs Charles Kilonzo (Yatta) and Abdi Nuh (Bura) insisted that the Executive must have whipped the 90-strong members to stay away.

“There’s no commitment on the part of the government to implement this Constitution,” said Mr Kilonzo.

But assistant minister Calist Mwatela rejected the assertion as “fallacious” saying no one had spoken to him.

Besides, it was telling that none of the two whips –Jakoyo Midiwo (ODM) and Johnstone Muthama (PNU)-- were in the House, even though they had promised the three House committees that they’ll have the numbers to ensure the House got the two-thirds majority to extend the deadline.

The three committees that are pushing for the extension are the Justice and Legal Affairs Committee, the Constitutional Implementation Oversight Committee, and the Departmental Committee on Lands and Natural Resources.

“If the government is not in the House to debate these Bills, it puts into serious doubt the commitment that it has to Parliament regarding the implementation of these laws,” said William Ruto (Eldoret North).

Speaker Kenneth Marende had ordered that MPs show up to ensure the motion seeking the extension was granted approval Thursday morning.

Deputy Speaker Farah Maalim had noted that an impending adjournment of the sittings before 12.30pm would be inappropriate for the House, given the huge workload and the tight deadline.

“Do MPs understand the import of what you’re asking the House to do? If we get to Monday next week, then we’ll have a Constitutional crisis,” the Deputy Speaker had told the MPs. But they were adamant that the matter won’t get to Monday and they would raise the requisite numbers.

The Constitution is explicit that if MPs fail to meet the legislative deadline, any citizen can petition the High Court to make a ruling on the matter. If a ruling is done, MPs will be given a fresh deadline to beat, which, if they fail, the House will stand dissolved.

“The predicament in which MPs find themselves in is purely a mistake of the government,” said Mr Njoroge Baiya, the chairman of the Justice and Legal Affairs Committee. “The government published the Bills too close to the deadline. We’re not able to pass laws hurriedly and take responsibility for bad laws”.

They said they knew the consequences of their actions, and that they wanted to raise numbers to make sure they got 60 additional days to approve the Bills on Land that are pending in the House. When Mr Maalim placed the matter to a verbal vote, the ‘ayes’ had it.