...burning questions asked as 150 MPs support Ligale team

By Martin Mutua

Parliament has turned the heat over the failure to gazette 80 new constituencies on a minister, a judge of the High Court and key Government officials as outrage grows over the politicisation of the process. Facing the fire are Internal Security Minister Prof George Saitoti, Head of Civil Service and Secretary to the Cabinet Francis Muthaura, the Government Printer Andrew Rukaria and High Court judge Jeanne Gacheche.

At least 150 MPs have signed up a petition backing a motion that seeks to put the mater squarely on the laps of the four.

Chepalungu MP Isaac Ruto filed the motion seeking to have Saitoti, Muthaura and Rukaria take political responsibility on the saga and step aside to enable the Kenya Anti-Corruption Commission to investigate the matter.

And Bahari MP Benedict Gunda followed suit by filing another motion seeking to have Parliament censures the conduct of High Court Judge Lady Justice Jeanne Gacheche.

Gunda wants Parliament to resolve that Gacheche is unfit to hold judicial office and is demanding her resignation or that the President sets ups a tribunal to inquire into her fitness to hold office with immediate effect.

The two motions which have been forwarded to Speaker Kenneth Marende for approval, are expected to be discussed by the House Business Committee on Tuesday, but the earliest the matter could come up for debate is on Wednesday next week.

However, soon after the press conference by both Ruto and Gunda announcing the move, Assistant Minister Kambi Kazungu and Naivasha MP John Mututho disowned the petition claiming that what the two presented is not what MPs who had signed the petition had agreed upon.

Censure motion

The two claimed the petition they had signed was for forcing the Government Printer to gazette the names, not a censure motion on the three.

An incensed Mututho tore a copy of the motion and described the move as "nonsensical."

Since the matter is of great national importance and going by the traditions and practice of the House, matters touching on the constitutionalism of actions or office holders are given priority over all other matters, since they are deemed to be weighty and have to be debated at the earliest opportune moment.

Addressing a news conference last evening at Parliament buildings, Gunda and Ruto, who were flanked by Kisumu Town West MP Olago Aluoch, said they would seek the support of their colleagues.

When asked why they had included Muthaura in their motion of censure yet he was not the PS in charge of Internal Security under which the Government Printer falls, the MPs were categorical that Muthaura was involved.

"We have evidence that it is Muthaura who issued orders stopping the printing which we shall produce on the floor of the house during the motion," added Olago.

Ruto noted that they were taking the matter very seriously and wanted to have the issue resolved quickly.

"Maybe this is why it is wrong to put new wine in old skins,? he added. According to the motion, Ruto wants the House to resolve that the Kenya Anti-Corruption Commission (KACC) investigate the circumstances under which the Government Printer decided not to publish the determination of the constituency boundaries in the Kenya Gazette.

Ruto says the IIBRC submitted to the Government printers the document on November 15, and wants Parliament to establish and report whether there was evidence of violations of the Constitution and abuse, misconduct or corrupt practice in the context of Anti-Corruption and Economic Crimes Act, or any other law.

Court order

Gunda on his part said the Government Printer was given the document on November 15, and that the purported court order by Justice Gacheche was for the Interim Independent Boundaries Review Commission (IIBRC), and not the Government Printer who is not party to the suit.

"Definitely there is a deliberate attempt to scuttle the process," added Ruto, saying the formula the commission had used was embedded in the Constitution, and those those shouting the loudest were the ones who had proposed the formula.

"We made the bed and we have to sleep on it. There are no two ways about it," he added. Gunda said the action by, Justice Gacheche who issued the order stopping the publication, was "extraordinary".

"I have also submitted a motion to the Speaker that we are deeply concerned with the conduct of Justice Gachehe for her blatant, contravention and subversion of the Constitution, and flagrant disregard for relevant statutes and constitutional rights of Kenyans in granting orders against the publication of delimitation of electoral units of the National Assembly," he added. Gunda pointed out that the reason for this was because the country has been expecting the gazzetment of new constituencies

"We cannot understand how she could go ahead and issue an order even after the document had been forwarded to the Government Printer, and after a gazette number had been issued," he added.

Olago said as Parliament had demonstrated on Tuesday, the IIBRC fol lowed the correct procedure up to the Government Printer, and they even paid the fees and received a gazette notice number, and therefore there was no reason for stopping publication. He pointed out that their actions were guided by judicial customs that no party should be guided by an ex parte order.

"The judge instead went ahead to hear the case ex parte and even issue orders of injunction against the Government. No judge can issue ex parte orders against the Government, it cannot happen," he added

The MP said the judge even gave a hearing date for December 3, a time when the commission’s life would have long ended, and nobody would come to defend it.

"The judge was acting with malice, in this case. We don’t believe she was foolish as allowed by the law but malicious," he added.