Keeping on the path of similar House rulings

By Peter Orengo

Tuesday’s ruling by House Speaker Kenneth Marende is just one of the landmark decisions other Speakers have had to make since independence.

Mr Kenneth Marende, who was elected Speaker in a hotly contested election, made his first landmark decision during the swearing in of Members of the Tenth Parliament.

When some Members allied to ODM refused to swear allegiance to the President, Marende forced them to do so despite being an ODM Member himself.

Indigenous speaker

Slade continued as Speaker of post-independent Kenya eventually handing over to Kenya’s first indigenous Speaker Fred Mati in February 1970. Mati served for almost 19 years, relinquishing the position in April 1988.

Mati, an academician and ex-freedom fighter, had served as a Member of the Legislative Council since 1961 and as Member for Kitui North in the House of Representatives and the National Assembly, in the period 1963 till election to Speakership on February 6, 1970.

Political history

It was during Mati’s time that Parliament set a landmark in the political history by enacting the de jure one party status on June 9, 1982.

In the de facto one-party state, candidates could only ‘stand’ for civic and parliamentary elections if nominated by a political party.

By this constitutional amendment, Kanu became the only legal political party.

By the time of retirement, Mati had earned the title of a linking Speaker, since his tenure over-saw the smooth transition of the presidency from the late Mzee Jomo Kenyatta to Daniel arap Moi.

He was succeeded by his one time deputy Speaker Kiprono arap Keino. Arap Keino assumed office with the hindsight of long parliamentary service stretching to the Second Parliament and during which, he had served on several Standing and ad hoc Select Committees, both as Deputy Chief Whip and Deputy Speaker. .

Elected unopposed on April 12, 1988, Keino, served till resignation on May 12,1991.

His resignation arose out of a contentious ruling he had made a few days earlier barring the then Member for Lurambi South the Mr Wasike Ndombi from moving an adjournment Motion pursuant to provisions of Standing Order 20.

No successor was elected as the dissolution of the Fourth Parliament came on July 22, 1983, paving way for snap general election on September 26 1983.

Consequently, Keino became the second Speaker to resign from the office since October 1948, and the only one since independence.

The second Speaker for the Sixth Parliament, and the fourth Speaker of the independent Parliament of Kenya Prof Jonathan arap Ng’eno was elected unopposed on June 12, 1991.

Sound service

Ng’eno assumed office after sound parliamentary service covering both the Fourth and Fifth Parliaments.

Francis ole Kaparo who served for 15 years is best remembered for his calls for ‘Order!’ in Parliament.

One of the many landmark rulings he made involved the investigation of the Armenian brothers — Artur Margaryan and Artur Sargasian — and their activities in Kenya.

Kaparo famously ruled against the Government.

Former Justice Minister Martha Karua had stunned MPs when she revealed the Government had asked Kaparo to rule on whether the two committees investigating Armenian brothers were legally constituted.

Karua had said, "Parliament’s job is to audit activities of the Executive and not to act as an initiator of inquiries."

The way she raised the issue to the Speaker, drew a stern and immediate rebuke from Kaparo, who told her: "Do not address the Speaker through the table or the floor of the House."