ODM, PNU go for each other's neck

By Martin Mutua and Beauttah Omanga

Members of the Grand Coalition Government fought over leadership of House Committee on implementation, and MPs toyed with the idea of extending execution period of new laws from one to two years.

It started off with a plot by Prime Minister Raila Odinga’s Orange Democratic Movement to topple President Kibaki’s Party of National Unity from heading the new committee through Mandera Central MP Abdikadir Mohammed.

Mr Abdikadir led the defunct Parliamentary Committee on Constitutional Review. His deputy then, and now, was ODM’s Ababu Namwamba, whose party now wants him to take over.

That was the standoff last evening, as the two main coalition partners appeared to frustrate implementation of the new Constitution.

However, at last night’s meeting PNU members picked Abdikadir to head the new team, and ODM’s Millie Odhiambo to deputise him. She was, however, not in the meeting and it is not clear if she will accept the seat when her party boycotted.

ODM’s argument was that in PSC it played second fiddle to PNU and its turn had come.

Though PNU appeared divided, it still pushed for a vote in the Tuesday evening meeting buoyed by the fact some ODM MPs were absent. Sensing it would be defeated, ODM asked for a postponement.

But yesterday it made true its threat to boycott the late evening meeting, which PNU pushed, hoping to turn the tables on the party because of its absent MPs.

At the same time a new accusation rose in Parliament that the Government was breaching the law and putting the cart before the horse by bringing Constitutional Bills to the House before the nine-member Commission for the Implementation of the Constitution (CIOC) is set up.

House Speaker Kenneth Marende was also vocal in making the argument as Justice Minister Mutula Kilonzo pulled in the opposite direction. Because of their bipartisan show and exemplary performance at the helm of PSC during the writing of the new Constitution, the MPs had unanimously voted to retain Abdikadir and Namwamba in the new House-driven Constitutional Implementation Oversight Committee (CIOC).

But as PNU sat pretty, confident the hierarchy of the two would be maintained, ODM sprung a surprise by arguing the spirit of the new Constitution requires the chairman and the deputy must be of different gender, and it would bid for the top seat through Namwamba, and let the PNU MP be his deputy.

ODM Secretary General Anyang' Nyong'o, PNU's Kiraitu Murungi, Budalang'i MP Ababu Namwamba and Kamukunji's Simon Mbugua. [PHOTO: file/STANDARD]

But PNU, though it has one member less than ODM in the committee, pushed to have Abdikadir head the new committee while ODM picks a woman MP as his deputy.

Women MPs

ODM also expected the postponement of the decision from the inaugural meeting on Tuesday to last night would allow its absent members — Danson Mwazo (Voi) Sophia Abdi (ODM, Nominated), Joyce Laboso (Sotik), and Julius Murgor (Kapenguria) — to attend and tilt the balance in its favour. Only PNU’s Cecily Mbarire (Runyenjes) was absent.

Earlier, ODM MPs Charles Onyancha (Bonchari) and John Mbadi (Gwassi) said they had spent the morning session familiarising themselves with their mandate.

"We failed to agree on who to chair since we as ODM feel there is need to let our party chair and PNU nominate a vice-chairman. We are not there simply to accept what our coalition partners want," said an ODM MP on condition of anonymity.

Women MPs in the committee are said to be keen to ensure one of their own takes either of the top two slots for "fairness sake".

"We have plenty of qualified MPs in this committee who can also chair. Abdikadir chaired the PSC and that was it. We need to give another member the chance," one of the MPs reportedly said. At the inaugural meeting on Tuesday, those for the deferment of voting to yesterday, led by Gichugu MP Martha Karua, prevailed. National Assembly Clerk Patrick Gichohi who chaired the session told the Press after the morning session that lasted about four hours the members had asked for more time to consult.

"We are progressing well and we will have the issue sorted out later today (yesterday)," he said.

In case the standoff drags on, then the new chairman might be known next week, a move that would delay tabling of crucial implementation Bills some of which the Cabinet has approved.

A PNU MP said for the position of deputy chair they would be backing any of the ODM preferred choices — either Dr Laboso or Nominated MP Millie Odhiambo.

An ODM MP said they would be backing the PNU preferred choices of either Nominated MP Amina Abdallah or Mbarire.

Sources told The Standard ODM MPs had insisted their colleagues must be present before any elections are conducted, and warned they would not be party to the process if that did not happen.

There were 22 of the 27 members, which is way above the quorum as PNU sought the elections to be held.

Marende and a section of members of House Business committee have already thwarted attempts to introduce the Bills.

Crucial bills

Ikolomani MP Bonny Khalwale was the first to inform HBC of the need to have the Constitution Implementation Commission before any Bills are generated.

He argued that commission made up of non-politicians was supposed to consult with the Attorney General Amos Wako.

Marende and Mutula disagreed on Tuesday evening during a meeting of the HBC chaired by the Leader of Government Business Kalonzo Musyoka.

The Speaker, according to sources, is said to have insisted no Bill should come to the House before the Commission is constituted.

Mutula, whose ministry generated the Implementation Bill together with the two others on the Judiciary —The Vetting of Judges and Magistrates Bill and the Judicial Service Bill — disagreed with the Speaker’s interpretation. Mutula is said to have argued that as the line minister, his ministry had the responsibility to generate the two Bills to reform the Judiciary.

Mutula is further said to have sought an explanation from the Speaker and HBC from where they expected the Bills on the Judiciary to come from given there were very tight deadlines.

According to the new Constitution a new Judicial Service Commission is supposed to be in place by October 27.

According to the new Constitution the five judges who are supposed to be members of the new JSC will have been vetted before they sit in the new body.

The sources said the Speaker authorised the First Reading for the Commission on Implementation Bill today, but shelved the other two.

The Bills were again missing from the Order Paper yesterday. Mutula, it emerged, has written to Kalonzo, Marende, and Wako warning they would be held responsible if the commission would not have been constituted by October 27.