Why being a Speaker is a tough job in a divided country

The restless but unyielding Speaker outshouts Members of Parliament as he rushes through a string of amendments, occasionally ducking sideways and below to evade flying objects aimed at him. And, within the raucous crowd that has poured onto the floor of the House, an MP protests at a male colleague who is pulling down her undergarment, as a Senator steps out of the House in a torn trouser.

There is no denying that these chaotic events of December 18, 2014 marked the lowest moment for the august House in Kenya’s history. During the debate on the Security Laws Amendment Bill, legislators exchanged vicious blows as others sprinkled water on Deputy Speaker Joyce Laboso and parliamentary clerks. It was a most ugly and deplorable incident that National Assembly Speaker Justin Muturi regretted, and publicly assured the public that the ugly scenes would never be repeated. But they have!

Only last month on the 20th, Opposition legislators literally blocked the entrance to the National Assembly making it difficult for Mr Muturi to preside over debate on the Elections (Amendment) Laws 2016, to allow use of “complimentary system” in the event electronic voter gadgets fail during this year’s elections. The Speaker accordingly reconvened the sitting for 22nd. And in a hilarious circus, as Opposition MPs stormed out to protest against reconvening of the session, Mr Muturi presided over passage of all amendments to the controversial law in a record 30 minutes.

POLITICAL COMPETITION

These dishonourable events of honourable MPs, engaged in cut-throat political competition, not only portray the Kenyan Parliament in very negative light, but bring to the fore characters and attributes of Speakers in handling such volatile situations.

While the scenario was relatively calmer at independence and during subsequent years under the one-party state arrangement, the multi-party era has been more challenging for Speakers.

Constitutional lawyer Gitobu Imanyara singles out Mr Muturi, whom he claims has exhibited the worst traits as Speaker in the multi-party era “by bringing this honourable office to total disrepute”.

The former Imenti Central MP, who served on the Speaker’s panel of former National Assembly Speakers Francis ole Kaparo and Kenneth Marende, wonders how a Speaker can insist on presiding over chaotic parliamentary sessions with all members on their feet, heckling and fighting.

“Having served as a magistrate prior to joining politics, one would have expected him to uphold cardinal laws of justice and objectivity. But he is so unashamedly a pro- government tool, who has allowed himself to be misused by the Executive,” observes Mr Imanyara, who was first elected to Parliament in 1997.

LITTLE REGARD

Prof Julia Ojiambo, who entered Parliament in 1974 when the first African Speaker, Fred Mbiti Mati, was in charge, similarly has little regard for Mr Muturi: “I don’t think he compares favourably with other Speakers, who have served in Parliament. Unfortunately he is more of a speaker of the Executive than of the National Assembly”.

But the chairman of the Centre for Multiparty Democracy (CMD) Omingo Magara blames Mr Muturi’s woes on the high political stakes and Jubilee’s vast majority in Parliament: “These numbers have a direct bearing on the Speaker’s performance considering that his party bosses who gave him the job are also the Executive with clear political interests. How much can you do when an axe is placed on your head?”

Speaker Muturi, however, explains that it is unfair to compare the prevailing circumstances with what happened in the previous Parliaments.

“In all the previous cases, ministers were MPs so it means most of these decisions would be made at Cabinet level and Speakers would have very little say on them.”

He admitted that the Jubilee tag continues to hang over his head however much he sees himself as impartial on the floor of the House.

'NEVER SAID'

“I was nominated by Jubilee, there is no pretence about that and I have never said it was a mistake. Often times, you must come from a political party but, as the chair, I always ensure that the debate is balanced.”

He said he should not be victimised for Jubilee’s advantage of numbers in the House.

“I neither vote nor do I whip the members. Katoo (chief whip Katoo Ole Metito) does this and the leader is Duale (House Majority Leader Aden Duale). The opposition, too, has their leaders who do this for them. And when Jubilee fails to whip, they lose like has been the case before” he said.

Speaking on the anarchic session of 2014, Mr Muturi said he opted to continue with parliamentary proceedings amid chaos to teach the opposition a firm lesson that Parliament had the capacity to thwart their unorthodox means to disrupt its business.

Leader of Majority in the National Assembly Duale has also defended the Speaker on several occasions for acting the way he has on account of “the circumstances he is operating under.” These circumstances, explains Mr Duale, include the bloated number of legislators which is partly responsible for the ugly sideshows and poor quality of debate.

A BOOK

According to Mr Imanyara, who has carried out a study on the performance of Kenya’s Speakers since independence, Senate Speaker Ekwe Ethuro compares better than his National Assembly counterpart, at least in terms of perception. Mr Imanyara is currently writing a book on the performance of all Speakers so far and their rulings, which is expected to come out early next year.

Although he acts similarly the same in meeting the demands of the Executive, Mr Imanyara and Mr Magara opine that Mr Ethuro acts smart.

“One can still abide by the word of a boss, not by exhibiting blind arrogance but acting neatly and deceptively,” says Mr Magara, a former MP, now eyeing the Senate seat in Kisii County.

Although both the National Assembly and the Senate endorsed the controversial electoral laws, Mr Muturi’s house bulldozed its way without even allowing debate on the same. Speaker Ethuro, on the hand, allowed the full course of the process, including public participation through the Busia Senator Amos Wako-led House committee, with Jubilee carrying the vote.
And despite being accused by opposition legislators of allowing non-authorised nominated senators to vote on behalf of absent elected senators, and therefore tilting the vote in favour of Jubilee, if he was under any pressure to deliver, then Mr Ethuro did it intelligently. Mr Imanyara also notes that the Senate Speaker, unlike his National Assembly counterpart, declined to proceed with parliamentary business until the heavy police forces that had surrounded Parliamentary precincts were ordered to leave. He maintains that Mr Muturi is completely contemptuous of the Standing Orders and routinely disregards the Constitution. He sums up the reign of the Speaker as a “total disaster”. However, the man who takes accolades for sterling performance in the multiparty era is Kenneth Marende.

RESTORE SOBRIETY

Taking the hot seat in January 2008 as the country burned and before the post-election violence mayhem died down completely, the former Emuhaya MP helped to quickly restore sobriety in Parliament, even as members of his own Orange Democratic Movement (ODM) demonstrated hostility towards Party of National Unity (PNU) colleagues and disrespect to Mwai Kibaki, who had been controversially elected President.
Marende served at a most hostile and delicate period but somehow managed to steer the boat carefully and maintain national stability. Besides Kibaki and Raila Odinga, who became Prime Minister in a negotiated Grand Coalition Government, trouble started brewing courtesy of a third player, Kalonzo Musyoka.

In what has largely been referred to as Solomonic wisdom, Mr Marende made a few but critical rulings, thereby succeeding in whittling down tension between the PM and Vice-President (Kalonzo), particularly over protocol wars and the position of Leader of Government Business in the House.
“In terms of competence, independence, sobriety and interpretation of law, Mr Marende only compares to (Sir Humphrey) Slade,” says lawyer Imanyara in relation to the first post-colonial Speaker, who served between 1963 and 1970. Prof Ojiambo, chairperson of Labour Party of Kenya, concurs, noting that Mr Marende partly owes his objectivity to the fact that he was not a member of the President’s party, meaning he was not obliged to push through unpopular state sponsored bills and legislations.

OLD CONSTITUTION

Mr Francis ole Kaparo similarly served after the repeal of section 2A of the old Constitution, which ushered in political pluralism in 1992. For his long association with the independence party, Kanu, which sponsored his candidature for Speaker’s position, Mr Kaparo was largely regarded as a pro-establishment apologist.

He mostly sided with the Kanu government between 1993 and 2002, quickly changing tune thereafter till 2008 in favour of President Kibaki’s Narc. Prof Ojiambo claims that all this while, Mr Kaparo ruled largely in favour of government. She particularly recalls a moment in 2005 when President Kibaki embarked on poaching MPs from Kanu and Ford-People parties into his government after falling out with Mr Odinga and Mr Musyoka. Speaker Kaparo, she says, simply looked the other way despite protests raised in the House by Kanu boss Uhuru Kenyatta.

Although perceived as pro-establishment, Mr Imanyara observes that Mr Kaparo was a powerful Speaker who, in his characteristic booming baritone voice, commanded a lot of respect. The former MP recalls an incident in February 1998, when placard-waving opposition tried to disrupt the proceedings, shouting obscenities at President Moi, who was in attendance as Baringo Central MP.

NEAR-CHAOTIC SCENE

This was the only near-chaotic scene that unfolded before Speaker Kaparo, another being shouting down of Finance Minister Musalia Mudavadi, as he read a budget speech.

“In all instances, Mr Kaparo battled the situation until calm resumed. There is no way he would execute parliamentary affairs under a noisy and open market-like environment,” observes Mr Imanyara.

Nonetheless, the one-party era was less volatile. Because all members belonged to one party, observes Prof Ojiambo. Discipline and order were the hallmarks of parliamentary procedure. The former Funyula MP recalls that Speaker Mati, for instance, was held in high esteem and the notion of challenging his authority or impeaching him was inconceivable.

“Mr Mati served for many years and only stepped aside willingly owing to advanced age. In his last years, I remember it is Grace Ogot (MP and Deputy Speaker), who presided over most of the sessions,” recalls Prof Ojiambo.

Overall, politicians polled by the Nation are in agreement that the performance of the Speakers is mainly dependent on the different circumstances and periods in history under which they served. “Mr Muturi, whom I succeeded at CMD, for instance, is such a brilliant lawyer. He set up very smart and workable political programmes at CMD and served diligently as a magistrate. But I bet he was elected Speaker at the wrong time, when political pressure and vested interests are at an all-time high,” says Mr Magara.