MPs vote to be sworn in Friday

As soon as Mr Musyoka moved the motion, MPs rejected it, arguing that doing so would be in violation of the new Constitution, which provides that all State officers be sworn in on the date the new law becomes effective. Photo/FILE

By NATION reporter
Posted Thursday, August 26 2010 at 22:25
In Summary

What new law says on oath

Schedule Six (Article 13) of the new law states: “On the effective date, the President and any state officer or other person who had before the effective date taken and subscribed to an oath or affirmation of office under the new constitution, or who is required to take any subscribe an oath of affirmation of office under this Constitution, shall take ... the appropriate oath of affirmation under this Constitution.’’

The first signs of the battles to be fought between Parliament and the Executive were visible on Thursday as MPs threw protocol into disarray by voting to be sworn in afresh on Friday instead of Saturday.

Consequently, President Kibaki will have to adjust his programme on Friday, to be in Parliament at 3pm to take a fresh oath of office as the MP for Othaya.

MPs were unanimous in rejecting a motion moved by the Leader of Government Business, Vice President Kalonzo Musyoka, proposing a historical special sitting for Parliament on Saturday, for MPs to take a fresh oath of office and swear allegiance to the new Constitution.

Plans had already been put in place for the 222 MPs to be sworn in at 9am. It had been agreed that the MPs be sworn in a day after the promulgation for technical reasons and due to their large number.

But as soon as Mr Musyoka moved the motion, MPs rejected it, arguing that doing so would be in violation of the new Constitution, which provides that all State officers be sworn in on the date the new law becomes effective.

“We must protect the Constitution against impunity. We appear to want to carry over our bad habits.... We cannot start by flouting the new laws on the first day they are put into effect,’’ said Chepalungu MP Isaac Ruto, who sparked off the issue.

He was supported by MPs Boni Khalwale, Martha Karua, Gitobu Imanyara, Abdi Nuh, John Mbadi and Cabinet ministers James Orengo and Anyang’ Nyong’o.

However, Prof Nyong’o, the Medical Services minister, disagreed with the 3pm time set by the MPs, saying it would disrupt the State programme.

“I want to caution the House that the decision will make it difficult to ensure the President is here This will interfere with the dignity and the solemnity of the ceremony,” he said.

The MPs resolved to be sworn at 3pm instead of 5pm as proposed by Dr Khalwale to give Muslim MPs who are fasting time to break their fast.

Some of the MPs also took issue with the fact that Speaker Kenneth Marende would be sworn in on Friday at Uhuru Park, arguing that it was contrary to tradition where MPs are sworn in Parliament.

However, Mr Marende dismissed the argument saying the law, including Standing Orders, were silent on the venue of oathing.

Dr Khalwale also caused a stir when he demanded that the Speaker’s gives the House guidance on whether it was right for Cabinet ministers to be sworn in “in secrecy” without Parliament and the public being provided in advance, with a list of who was to be sworn in.

He argued that ministers implicated in corruption scandals should not take a fresh oath of office. Mr Marende pledged to address all these concerns during the swearing in ceremony.