By MARTIN MUTUA and PETER OPIYO
Concern over the three Bills on land set the stage for Parliament to make history Thursday with its first amendment of the current Constitution.
A total of 150 MPs voted to extend the period allowed by the Constitution for passing the Bills, with one member voting against the Motion.
The draft legislation is the Land Bill 2012, Land Registration Bill 2012, and National Land Commission Bill 2012.
Chapter 16 and Articles 255 and 256 of the Constitution outline how the charter can be amended. The successful Motion to extend debate on the land Bills falls within the list of amendments that do not need approval by a national referendum.
The Motion passed by 150 members out of the 152 present in the House allowed for extension of debate and passage of the three critical Bills. It showed that MPs could be rallied to amend the Constitution in matters of strong national interest.
If the Motion had been defeated, MPs would have been forced to debate and pass the Bills by February 27, an oddity since Parliament has never sat on a Sunday.
Being a Constitutional (amendment) Bill the law required two-thirds (148) of the 220 MPs to vote in its favour.
Garsen MP Danson Mungatana, who was the only one opposed to the Bill, argued that Parliament was capable of rising to the occasion and debating them to conclusion before the weekend.
"It is just like the exams. Every time they (exams) come people panic, and they also want extensions. Even if we seek one month, we shall still not be ready. Letfs tell the truth. If we were not here to debate the Land Registration Bill, National Land Commission Bill, many people will not be here even after the extension," said Mungatana.
The Bills will now come back to Parliament after 60 days for debate, and must be passed by MPs within 30 days afterwards.
MPs accused the Government of putting unnecessary pressure on them to rush through debating the Bills without giving them time to peruse the draft laws properly.
On Thursday the House extended its sitting hours up to 11pm to dispense with three other Bills related to devolution of the county governments, which were moved by Deputy Prime Minister and Minister for Local Government Musalia Mudavadi.
The Bills on devolution together with those pertaining to land were all supposed to be passed by Sunday.
The amendment that relates to the Bills on land let the Government off the hook as it came under fire from a cross section of MPs who blamed it for the crisis that forced the extension.
Furious backbenchers hit out at the Government during the morning sitting, accusing Cabinet ministers and their assistants, a majority of whom were not present, of taking the House for granted.
A lack of quorum prompted the House to adjourn its morning sitting one and a half hours early. Committee on Implementation of the Constitution (CIOC) Chairman Abdikadir Mohamed, upon realising that attendance could hardly reach the required number of 148 MPs, prevailed upon Deputy Speaker Farah Maalim to defer the Motion to the afternoon sitting.
Farah was hesitant to grant deferment because Mudavadi and his Assistant Lewis Nguyai were not in the House to initiate the next business on consideration of amendments to the Bills on devolution.
This irritated MPs Boni Khalwale, (Ikolomani), Charles Kilonzo (Yatta), Abdi Nuh (Bura) and Chepalungu MP, Isaac Ruto who accused the Government of laziness and lack of commitment on the implementation of the Constitution.
"The Government is against this Motion. They are not even interested in contributing to it and they have been de-whipping the Executive to stay away from the House," complained Yatta MP, Charles Kilonzo.
Deployed machinery
But Deputy Leader of Government Business Amos Kimunya defended the Government saying it had deployed all its machinery to marshal the numbers.
"The Whips have been adept and have been communicating to every MP to be here. The whips have whipped every member and members of the Executive have been sent messages to be here," Kimunya told the House, as Orengo added that the Acting Head of Public Service, Francis Kimemia had been sending messages to Cabinet ministers to come to the House.
"We are in this crisis because the government was hesitant to act. This is the time to bring everybody on board. Is it by coincidence that any matter touching on the Constitution has been dodged by the Government?" posed Khalwale.
Lands Minister James Orengo, Attorney General Githu Muigai and Assistant ministers, Manyala Keya, Calistus Mwatela, Mohamud Mohamed, Ayiecho Olweny, Josephat Nanok and William Cheptumo were the only government officials in the House at the time.
Abdikadir was directed to move the motion, which was later seconded by nominated MP Millie Odhiambo. But sensing the numbers of MPs remained almost constant, they acted.
It took the wit of Chepalungu MP Isaac Ruto to invoke Parliamentfs Standing Order Number 25 to adjourn debate on the matter until the afternoon, which was granted by a House resolution.
Gachoka MP Mutava Musyimi, who is also the Chairman of the Parliamentary Committee on Lands and Natural Resources, accused the Government of ambushing Kenyans with the Bills on land and devolution.
"The Executive has schemed and we are now ambushed to pass the Bills," said Musyimi.
Belgut MP Charles Keter said the Bills on land required more time.
"We should give the Bills ample time because land is a crucial issue. It touches on the lives of so many people in this country," said Keter.
Leader of Government Business, Vice President Kalonzo Musyoka apologised on behalf of the Cabinet ministers who were absent in the morning session that prompted the house to be adjourned.
Correct anomalies
"It is true the Cabinet met over these Bills, but I am also aware land is so emotive that we should prepare to listen and the moment for reckoning is now, we need to correct the anomalies and give this country quality laws," he added.
Education Minister Sam Ongeri said the issues of land are so critical they must be discussed extensively.
"Issues of land have separated families and we need time to discuss the Bills. If we leave it in piece and pieces it would cause trouble in this nation. Land was the basis we got our independence," added Ongeri.
Attorney General Githu Muigai agreed the Bills needed further fine-tuning. "These Bills require further work, we have heard from the LSK and they had their misgivings. It is not enough work yet," said the AG.
But Ruto on a point of order interrupted the AG accusing him of being part of the problem that caused the delay in the process.
"It is his office that has jammed the process. The honey moon is over and he should be able to play hardball now," added Ruto.
But the AG said he is only a drafter and that there were about five organs involved in generating Bills.
Had the motion to extend the time failed, members would have been forced to hold sittings today up to Sunday, which is the deadline for the passage of the bills in accordance with the transitional clauses outlined in Sixth Schedule of the Constitution.
Never sat on Sunday
The move would have put the House in an awkward position, since Parliament has never sat on a Sunday.
MPs were unanimous that the Grand Coalition Government is squarely to blame for not having reconvened Parliament in January, as opposed to February 14, which was just two weeks before the deadline for passage of the Bills.
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