MPs say move opens window for more talks

By David Ochami and Peter Opiyo

Members of Parliament have praised Speaker Kenneth Marende’s direction on the controversial nominations.

They now say the move would lower political tensions and give the two Coalition principals — President Kibaki and Prime Minister Raila Odinga — an opportunity to re-negotiate the matter.

But depending on political affiliation they predicted that parliamentary committees ordered to investigate the matter will remain deadlocked with some MPs arguing the Speaker’s promise to rule on the constitutionality of a Motion arising from the contested names will amount to discussing the President’s conduct without a substantive Motion.

Justice Minister Mutula Kilonzo described the Speaker’s direction as from "someone who has properly read and understood the law". He added that Marende has offered the principals an opportunity to reach new nominations based on the most objective application of the new charter and its values.

Mutula said Marende has "taught the leaders to demonstrate leadership and follow the law". He added that the committees will be obliged to listen to all stakeholders associated with the accumulated matter.

The minister said the only way to ensure consultation between the principals is to involve more people in negotiations on future appointments.

Back to square one

He dismissed arguments the Speaker cannot rule on the constitutionality of the matter when brought to Parliament, saying "it is not the conduct of the President on the table".

Lands minister James Orengo said the only remedy out of the stalemate is for the principals to "go back to the drawing board and solve the matter".

He said all sections of the new charter relating to appointment of the Chief Justice must be applied and compel the principals to involve the Judicial Service Commission.

Imenti Central MP Gitobu Imanyara, who sought the Speaker’s direction on the matter on Tuesday, said he will seek a ruling by Marende when the matter is formally brought to Parliament from the Justice and Finance committees.

"I will definitely raise the issue when it is formally before Parliament next week," Imanyara said. He said the Speaker’s ruling provides an opportunity for Kibaki and Raila and other stakeholders to restart talks over the dispute.

Imanyara expressed fears the committees could be paralysed by political differences and opinions. He argued the committees, legally, have no substantive role to play following the ruling in court outlawing Kibaki’s act. He said the Speaker’s ruling was partly informed by the court ruling.

"Committees will be polarised but in any case they cannot act any further following the ruling in court. They can only meet to agree with what the (court) ruling has said."

Gichugu MP Martha Karua described Marende’s ruling as ‘sound’ and accused Kibaki and Raila of holding the country hostage with unending disputes.

Negotiate again

"There are many other issues where the country will require their concurrence. It is up to them to listen to Kenyans and negotiate," she said.

She said JSC must be involved in all appointments to the Judiciary.

Nominated MP Millie Odhiambo said despite the ruling, political temperatures will rise unless Raila and Kibaki negotiated a settlement.

Energy Assistant Minister Mohamud Maalim Mohamed said a lasting solution lay in honest negotiations by the principals and all parties involved.

But Chepalungu MP Isaac Ruto warned the committees will be split and faulted Imanyara for seeking a ruling on constitutional issues before the matter had been formally brought to Parliament.

According to the MP, Marende "only stated the rules of Parliament" to defer the ruling sought by Imanyara.

Mr Ruto accused the Speaker of trying to supervise the Executive by suggesting expanded talks for new nominations.

"The Speaker’s role is not to supervise the Executive," Ruto said, arguing Parliament would "need a substantive Motion to discuss the President".

Gwasi MP John Mbadi described Marende’s direction as "a clever way of giving the principals an opportunity to consult".