Marende ruling triggers storm in coalition

By Gakuu Mathenge
Few political players saw Thursday’s ruling by Speaker of National Assembly, Mr Kenneth Marende, coming.
Many are still reeling in shock and disbelief.
It has rattled the Executive, Judiciary and the Legislature to their foundations, as the Speaker declined to play both the arbiter of Executive disagreements, or an enforcer of deals cut by their supporters in the House committees.
President Kibaki Friday took on Marende publicly, faulting him for failure to respect the separation of powers between the Executive, Legislature and Judiciary, implying he viewed the Speaker as having over-stepped his boundaries and interfering with the Executive.
It is the first time in his seven years’ rule that Kibaki took on a Speaker of National Assembly in public, and it’s viewed by some either as sign of tempers and patience running short, and gloves finally pulled off.
Kibaki seems to have been particularly stung by Marende’s ruling that his nominations were unconstitutional and illegal.
Kibaki hardly engages in exchanges or public altercations with public figures, and he seemed to accuse Marende of interfering with the Executive when he said:
"The principle of separation of powers should have been respected."
By publicly faulting Marende and denying he never breached the Constitution, President Kibaki escalated the dispute and put the Speaker on the spot.
This may embolden his supporters who view the ruling as an affront to the President and audacious assertion of the Prime Minister’s demands to be consulted in the spirit of the National Accord and Reconciliation Act. The President said he would wait for the constitutional court ruling on the constitutionality of the appointments or otherwise.
Those opposed to the Marende ruling have vowed to have it overturned on Tuesday when House resumes.
Censure Marende
They also threatened to have Marende censured or declared unfit to hold the office of House Speaker.
It was a full house in Parliament on Thursday, and reports of night meetings and intense lobbying were rife the entire week, a pointer many MPs had come prepared to vote to support their positions or oppose what they didn’t like, before Marende’s surprise ruling that no voting was necessary.
The ruling immediately stoked intense reactions, some in support, and others in anger, especially from the Party of National Unity (PNU) side, which accused the Speaker of impartiality and acting at the behest of partisan politics and forces outside Parliament.
"The Speaker showed disrespect for both Standing Orders and the Constitution. A draconian Speaker is as bad as despotic ruler. . . The matter has raised questions about his suitability to continue holding that office," said Assistant Minister Nderitu Muriithi.
Deputy Prime Minister and Finance Minister, Uhuru Kenyatta, said: "It is not acceptable that the Executive cannot make a decision unless the Prime Minister consents..."
Eldoret North MP William Ruto, vowed Marende’s ruling will be overturned on Tuesday.
ODM Chief Whip Jakoyo Midiwo dared those threatening Marende:
"Let them try all tricks they can find. We will defend the Speaker and the dignity of Parliament with our own lives," Midiwo told The Standard On Saturday.
Special adviser to the PM, Mr Salim Lone said: "The Speaker had firmly established norm and tradition for future nomination for constitutional office holders".
Calm reflections
Asked about chemistry between the two principals at present, Midiwo said: "I believe the PM wishes to work with the President, and Kibaki has not been unwilling."
Kinangop MP, and member of the Committee on Implementation and Oversight of the Constitution, David Ngugi, called for calm reflections and reasoned engagement devoid of bitterness and anger.
"I call upon my colleagues to reflect in a level-headed manner and avoid threats and angry outbursts. Leaders should ask themselves what course of action would take the country forward and achieve the desired results, and faster. Personally, I have faith the President and the PM will provide leadership on the way forward. They owe it to the country," Mr Ngugi said.
He was apparently reacting to calls by a section of his PNU counterparts, to mobilise for a resolution to invoke Clause 4 of the National Accord and Reconciliation Act, that provides for how a PM can be sacked by the National Assembly, besides talk of passing a vote of no confidence in the Speaker.
Uhuru Kenyatta, whose clout is such that only him is capable in mobilising such a drastic move, said on Friday: "If PM believes he has a majority, he should be able to demonstrate that on the floor of the House."
Legal opinion is divided on what happens next if the Grand Coalition collapsed, with some saying it automatically leads to a General Election, and others insisting it would lead to a Government of national unity.