UpdaTuesday, May 7th 2013 By Allan Kisia and Vitalis Kimutai
Nairobi, Kenya: The vetting of President Kenyatta’s much-heralded Cabinet hangs in the balance after the minority in Parliament made good its threat Tuesday to boycott House committees.The stand-off between members of CORD and the majority party Jubilee denies the Committee on Appointments the quorum it needs to vet the 16 Cabinet nominees announced amid fanfare three weeks ago.
If the stalemate persists, Kenyatta is empowered by law to formally announce the Cabinet from next Tuesday, bypassing Parliament and public participation.
However, analysts warned, the row was sparked by CORD’s insistence on a majority in the two watchdog committees — Parliamentary Accounts Committee (PAC) and Parliamentary Investments Committee (PIC) — on grounds that Jubilee could not possibly supervise itself.
Jubilee on the other hand offered the chairmanship of the two to CORD while pointing out that Standing Orders were clear on the membership being determined on the basis of party strength.
Efforts to resolve the impasse seemed to have hit a dead end when Parliament was turned into a circus yesterday as members engaged in a war of words over the fate of two oversight committees.
Amid bitter exchanges, it fell on Majority Chief Whip Katoo ole Metito to draw the House to the implications of CORD’s boycott after the matter was moved by Majority Leader Aden Duale.
Minimum threshold
Metito said when the Standing Orders were changed, not all committees were given the minimum threshold of 19 to 27.
Metito warned that Jubilee Coalition could meet the minimum threshold without CORD in many of the Committees.
“The select and departmental committees require 19 members which cannot be met only by the Jubilee side,” Metito stated.
Metito noted that it is only PIC and PAC that the Jubilee on its own meets the minimum threshold but that in the Budget Committee threshold there is no provision for minimum of members.
“CDF committee requires 11 members and no minimum which has been met by Jubilee while in Parliamentary Service Commission (PSC) Jubilee and CORD has two members each,” Metito said. After the exchanges, House Speaker Justin Muturi ruled that where the names for the formation of any committee have been submitted, and the list meets the minimum threshold set by Standing Order 177, the names be taken to the House for consideration and approval.
Smooth running
“I wish to inform the House that as at 1.30pm today (yesterday), being the time which Supplementary Order Paper should be published, the office of the Clerk had only received the list of those nominated to the remaining committees from one of the coalitions only. This scenario now threatens to disrupt the smooth running of the business before this House,” said Muturi.
He urged the leadership of both sides to continue consulting and submit the remaining names of members to form committees without further delays.
Leader of Majority Aden Duale had just indicated that Jubilee Coalition had submitted the names of nominees to PIC and PAC to the Clerk Justin Bundi.
Leader of Minority Francis Nyenze in a quick rejoinder pointed out that the CORD side had not submitted its names to PAC and PIC because the two sides had not consulted.
Gem MP Jakoyo Midiwo insisted that Duale’s submission was misplaced.
“You (Speaker) told us last week that both sides have to take pragmatic approach to resolve the stalemate. But Leader of Majority has not taken a chance to invite us to a meeting. He cannot be talking to us through the media,” Midiwo stated.
“Purporting that one side can constitute a commitee would not work unless you are used to impunity,” Midiwo said.
Duale said MPs have three roles — oversight, legislation and representation of the people. “The role of oversight therefore is not a preserve of a particular group,” he pointed out.
Nyenze said Jubilee could not work without members of the CORD in the committees. “It cannot work for you. We will withdraw and you will not transact any business without us,” he stated.
Positive note
The Speaker noted that the House had commenced on a positive note when they approved the names of members to serve on four committees. The committees are House Business Committee, Committee on Appointments, Committee on Selection and the Procedure and House Rules Committee.
Muturi noted that there is urgent business that is already before the House, and whose period of consideration is limited by the Constitution.
He named the Division of Revenue Bill, 2013, which was first read on April 30. The Standing Orders require the National Assembly to complete the consideration of the Bill within 10 days. The period will expire tomorrow.
He added that the County Allocation of Revenue Bill is also urgent and is awaited at the Senate following the passage of the Division of Revenue Bill, 2013.
The Bill affects the budgeting for the county governments and release of exchequer funds.
Also before the House is the process of approval of the nomination of Deputy Chief Justice.
“The Budget and Appropriation committee also ought to have commenced the process of examining the Estimates that were laid before this House last week,” he pointed out.
He added that the relevant departmental committee ought to have commenced examining the petition on the Salaries and Remuneration Commission, submitted by the MP for Igembe South Mithika Linturi last week.
Propose changes
“Needless to say, soon the names of persons nominated to serve as principal secretaries will be submitted to the House for approval,” he added.
Muturi further ruled that the Division of Revenue Bill be placed in the Order Paper today for the second reading.
“The third reading should be concluded on Thursday, May 9, 2013, and the Bill submitted to the Senate,” he ordered. He added that members wishing to propose amendments to the Division of Revenue Bill should submit the same to the Clerk today.
Suba MP John Mbadi accused Duale of prosecuting matters relating to the formation of the key committees through the media instead of calling for a meeting between CORD and Jubilee leaders.
Eldas MP Adan Keynan called for sobriety.
“We appreciate Jubilee has the numbers and CORD is disadvantaged and we do not want a divide that will make us not to communicate. We are being bashed by other quarters and we must provide leadership,” Keynan said.
Nairobi County MP Rachael Shebesh said it was high time MPs from the CORD side woke up to the reality that they were in the opposition.
“We are tired of a coalition ( CORD) that continually wants us to apologise for winning an election. They took Jubilee to the Supreme Court and also lost the presidential petition,” Shebesh stated.
Linturi caused laughter in the House when he said that the Cord MPs lacked direction because its key leaders were not in Parliament.
Linturi described the CORD MPs as orphans with their leaders –former Prime Minister Raila Odinga and former Vice President Kalonzo Musyoka – being out of the House.
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