Key law team derailed by squabbles in PNU

By ALPHONCE SHIUNDU, ashiundu@ke.nationmedia.com and LUCAS BARASA, lbarasa@ke.nationmedia.com
Posted Thursday, September 30 2010 at 22:03
In Summary

MPs who oppose the list

Lee Kinyanjui (PNU)
Ndiritu Muriithi (PNU)
Bifwoli Wakoli (PNU)
Jamleck Kamau (PNU)
Joseph Kiuna (PNU)
Asman Kamama (Narc-Kenya)
Maison Leshoomo (PNU)
Kabando wa Kabando (Safina)
Moses Wetangula (PNU)
John Munyes (PNU)
Dr Eseli Simiyu (Ford-Kenya)
Aden Duale (ODM)
Josphat Nanok (ODM)
Ferdinand Waititu (PNU)

Political wrangling within the Party of National Unity derailed Parliament’s efforts to form a powerful committee charged with overseeing the implementation of the new Constitution.

Vice-President Kalonzo Musyoka, the Leader of Government Business and ODM whip Jakoyo Midiwo, faced hostile PNU and ODM backbenchers who totally rejected the list of 27 MPs nominated to the Constitutional Implementation Oversight Committee.

The adoption of the names was put off to Tuesday, effectively halting two Bills — the Commission on the Implementation of the Constitution and the Vetting of Judges and Magistrates Bill — which were due for the First Reading (formal introduction to Parliament) on Thursday.

After the vote to adjourn debate on the list tabled by Mr Musyoka, the Leader of Government Business, MPs from Eastern Province and Rift Valley provinces held separate press conferences.

Each team claimed their regions were not adequately represented in the 13-member team from the President’s party and that they had been used as voting machines at elections.

The MPs complained that they had not been consulted and accused the party’s old guard of “sitting in saunas in exclusive clubs to make decisions on behalf of other members”.

MPs Charles Kilonzo, Kareke Mbiuki and Cecily Mbarire were angry that assistant minister Ndiritu Muriithi, supported by a few other members, had complained that the five members from Eastern were too many.

They gave their counterparts from Central Province a four-day ultimatum to resolve the matter or risk endangering their political relationship.

PNU has had internal troubles that came to a boil after last week’s loss of two seats in the by-elections in Juja and Makadara.

Similarly, addressing a hurriedly convened news conference at Parliament buildings, MPs Asman Kamama, Joseph Kiuna, Maison Leshoomo and Mr Mureithi said Rift Valley Province had been given a raw deal as only Turkana was represented by Ekwee Ethuro of Turkana Central. They called for a change of attitude in PNU if the party is to avoid the collapse that has been a constant threat since the formation of the coalition government in 2008.

In the House, Cabinet ministers Moses Wetang’ula and John Munyes led other MPs in calling for adjournment of debate on the list to give them time to consult.

Mr Wetang’ula moved the successful motion, seconded by assistant minister Adan Duale, and was supported by Justice minister Mutula Kilonzo, who said it would be wrong for political parties to start off badly by implementing the constitution through impunity.

“It pains me to see my two colleagues expressing contrary views on the floor. If we start on the wrong foot, we will remain there,” he said, describing Mr Wetangula’s sentiments as reasonable.

Tempers flared after Metropolitan Development minister Njeru Githae called for party discipline, saying members should support “the leader” whenever he makes a decision.

He was supported by his outspoken Trade counterpart, Chirau Mwakwere, who said the list was arrived at through consultations.

He was responding to Kigumo MP Jamleck Kamau’s assertion that as PNU’s vice-chairman, he was not aware of any consultation on the list.

Mr Mwakwere shot up to declare his support for the list, saying as the party’s first national vice-chairman, the list was “right, proper and representative of the party’s position”.

While moving the motion to adjourn, Mr Wetang’ula asked other parties in the House (ODM) to support their calls for adjournment, saying that Ford Kenya was not consulted.

He asked Mr Githae to stop being aggressive and be more accommodating.

Labour minister John Munyes, the Ford-Kenya secretary-general, called for respect within PNU, saying nobody had approached them.

In a rare show of praise for its political rival, ODM, the MPs who spoke said ODM had balanced its choice and wondered why PNU still insisted on picking Cabinet ministers Beth Mugo and Chirau Ali Mwakwere.

Even before the motion was put on the table for approval, Roads assistant minister Lee Kinyanjui was up in arms saying the process of coming up with the list was not consultative.

In wooing MPs to accept the list and “move on” with the implementation process, the VP said all MPs qualified, but the committee could only accommodate 27.

“We cannot be seen to be prevaricating in our role to implement the Constitution and to give direction to the implementation process,” Mr Musyoka said. “We have to make progress. I think we have a product we can live with.”

Mr Midiwo, too, found himself in hot soup when he kept on saying “I chose…” in reference to the way he decided to pick MPs to sit in the Oversight Committee. In fact, House Speaker Kenneth Marende had to cut him short and force him to explain if he indeed carried out any consultation.

“You appear to be saying that you as the party whip did so alone. That’s dangerous,” warned Mr Marende.

At this point, many members rose to contribute and Mr Muriithi said that as a PNU MP, he “was not aware of any attempt whatsoever at consultation”.

Mr Muriithi complained that of the 13 nominees from PNU, five were from Eastern Province –namely Ms Cecily Mbarire (Runyenjes, PNU), Mr Charles Kilonzo (Yatta, ODM-K), Dr Kilemi Mwiria (Tigania West), Prof Philip Kaloki (Kibwezi, ODM-K) and Ms Wavinya Ndeti (Kathiani, CCU).

Lands assistant minister Bifwoli Wakoli added: “We are not against the names. We are against the way PNU wants to handle these matters.”

The MPs sought the Speaker’s guidance on the obvious rift, but the Speaker did not take that kindly: “The chair has no way of knowing who is telling the truth. Some say they were consulted, others say they were not. That’s an exclusive political party process, to which the Speaker is a stranger. The Speaker will stay away from managing political parties.”

He asked the MPs to consider seeking more time to consult, to which they readily agreed. The debate will resume on Tuesday.

—By Njeri Rugene, Alphonce Shiundu and John Ngirachu