Updated Monday, May 6th 2013 By GEOFFREY MOSOKU
KENYA: The first major political showdown looms in Parliament tomorrow after a weekend in which the two main coalitions stuck to their guns on the controversy over key House committees.
By late yesterday Jubilee and Cord officials had not reached a compromise on the composition of the Public Accounts Committee (PAC) and Public Investment Committee (PIC), potentially threatening to disrupt the budget process.
Budget estimates tabled in Parliament on Thursday should have been referred to departmental committees, which however are yet to be established due to the standoff over PIC and PAC.
CORD insists that PAC and PIC are tasked with the responsibility of putting the executive in check and thus the ruling coalition must not constitute a majority membership.
CORD, which is the minority party in the National Assembly, has vowed to sabotage parliamentary business on Tuesday by failing to name its representatives to various parliamentary committees and storming out of the House. The coalition wants House Rules relaxed to have majority members in PAC and PIC but Jubilee has only ceded the chairmanship, pointing out that Standing Orders require that membership is based on relative party strength in Parliament.
The impasse delayed the formation of all 27 parliamentary committees scheduled for last Thursday. National Assembly Speaker Justin Muturi directed coalition leaders to consult and table their lists tomorrow.
On Sunday, Leader of Majority Aden Duale said Jubilee would on Tuesday table its list of representatives to various committees. “The Bible or Quran of Parliament is the Standing Orders and they are clear on how committees are to be constituted,” Duale said.
“We have already allowed our colleagues to chair the two committees but we will not negotiate on the memberships.” But Leader of Minority Francis Nyenze said CORD would not table its list until their demands are met.
“If they want to table their list, they can go ahead but as CORD we are not party until we get majority and chairmanship of these two committees. You cannot purport to audit yourself and definitely house business cannot proceed if this is not solved,” Nyenze said. Duale is required to table the lists and Nyenze to second the motion seeking parliamentary approval.
Yesterday Muturi, who on Thursday overruled requests by CORD MPs that he invokes discretion powers to have the opposition dominate the two committees, said he would rule on the way forward tomorrow. He said the impasse could derail the budget making process, but assured he would make a non-partisan ruling with the interests of Kenya at heart.
Ruling
“Whatever happens, the chair (Speaker) must make a ruling which will be guided by the Constitution and Standing Orders. The Speaker becomes an impartial arbitrator and will make a ruling,” he told The Standard. Speaker Muturi however indicated that the standoff between CORD and Jubilee cannot be allowed to hinder the budget making process and his ruling will provide a way forward.
“I do not want to be drawn into partisan party politics and as Speaker of National Assembly I must do what is legitimate even if I was sponsored by one party,” he added. The committees are required to begin scrutiny of the estimates and submit their reports to the Budget and Appropriations Committee within 21 days.
Another crucial legislation, Division of Revenue Bill, on the apportionment of revenue raised by the national Government among the national and county levels of government, is also held up by the impasse. The Bill was tabled last week and the National Assembly is required to pass it not later than 10 days after introduction.
Jubilee MPs believe that the Speaker can be guided by a precedent set in the 8th Parliament when the then official opposition leader Mwai Kibaki and his Ford Kenya colleague, the late Michael Wamalwa, boycotted the Parliamentary Select Committee (PSC) on constitutional review chaired by Raila Odinga.
Raila, whose NDP party was then allied to the ruling party, Kanu, spearheaded the Bomas I constitutional talks even after the opposition boycotted committees sessions. “The rules of the House provide guidance on the minimum number of members to form a quorum and with Jubilee dominating all the committees, we have the requisite numbers to perform our duties,” commented Maara MP Kareke Mbiuki.
Duale added: “We will table our names on Tuesday which are already with the Clerk of National Assembly and proceed to perform our duties as legislators. If CORD is not ready, they can join us later when they feel ready.” Jubilee points out that the new Standing Orders, which were approved on January 9, expressly provide that party strength shall determine the sharing out of slots.
Arrogance
Nyenze accused Jubilee of arrogance and warned the ruling coalition not to threaten people with the “so-called tyranny of numbers”. Mbiuki told CORD to forget the push for a majority membership in the committees. “How can we kick ourselves from the majority and become minority?”
Mbiuki said the legislature has oversight and watchdog roles, which it has to perform irrespective of the political party a member belongs to. South Imenti MP Kathuri Murungi claimed some MPs from the CORD wing of the political divide were planning to walk out of Parliament tomorrow.
Murungi claimed the move was meant to protest the alleged uneven distribution of parliamentary committee chairmanship. “Whether they stage a walkout or not the Jubilee allied MPs are the majority and therefore the move would be inconsequential,” he said.
Borabu MP Ben Momanyi (Wiper) said Jubilee cannot be allowed to have majority in the two committees and warned if the deadlock is not resolved, the entire business of the House will be paralysed. “There are times when the law (Standing Order) can’t be followed to the letter and it’s in this spirit that we want CORD to control the two committees,” he said.
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