MPs scuttle formation of PSC as Speaker Muturi suspends debate

Members of Parliament on Thursday thwarted the formation of the powerful Parliamentary Service Commission (PSC) as legislators opposed former members who served in the Commission in the last Parliament from taking up the positions in the 12th Parliament.

Hostility to the list of nominees to the Commission was expressed immediately Majority Leader Aden Duale stood to move the motion for the approval of seven MPs to the Commission, with members fighting to have the matter suspended.

They managed to break up the process with Speaker Justin Muturi suspending the debate on the motion after the constitutionality of the list tabled by the National Super Alliance (NASA) was challenged.

The legislators, who have secretly opposed the nominees to PSC, found a loophole to disband the formation of the Commission, after Kangema MP, Muturi Kigano (Jubilee), supported by Borabu MP Ben Momanyi (Wiper) challenged the constitutionality of the list.

Kigano did not allow Duale to move the motion, as he rose on a point of order, telling the National Assembly Speaker Justin Muturi that the list by NASA nominating ODM MPs Aisha Jumwa (Malindi) her Homabay counterpart Gladys Wanga, and the Vihiga Senator George Khaniri (ANC) was in violation of the Article 127 (2) (C) (II) of the Constitution.

 He argued that Wiper, a parliamentary party that enjoys a command of more than five percent, had been denied their constitutional right to have a nominee in the PSC.

“This motion smirks on an unconstitutionality. Wiper is a parliamentary party and according to the Constitution, being a party not forming the government, it has a right to have a nominee to the PSC. The whole of this appointment stands vitiated,” argued Kigano.

On his part, Momanyi produced a letter from his Wiper Party addressed to Minority Leader John Mbadi and copied to the Speaker which indicated that the party disassociated itself from the list presented to the House.

 “We demand for our position as a matter of right,” Momanyi said.

The opposition to the list grew louder, prompting the Minority Whip Junet Mohammed to request the motion to be suspended to allow for further consultation.

But the MPs showed that they were not only opposed to the NASA list, but also some of those nominated by Jubilee as they loudly opposed names of legislators who had served in the last Commission, when their names were read.

Shouts of “NO!” greeted Muturi when he read the names of nominated Senator Beth Mugo, Adan Keynan and Homabay Women Representative Gladys Wanga. The three served as Commissioners in the last parliament.

“I realise that the problem is not only on our side. It is also a big problem on Jubilee, so I request that we withdraw this motion and hold further consultations,” said Mohammed.

Muturi suspended the motion, but only citing the squabbles within NASA. He asked the coalition to resolve their differences and give feedback to the house to unlock the process of picking the commissioners.

The Speaker also directed Wiper, through its top leader, to report to him in writing once their decision on the matter is agreeable to them.

“The party (Wiper) must also in the same letter say if they are part of the coalition or not. They are either in NASA, and thus bound by the communication that comes to the House from NASA or they are not,” said Muturi.