PNU meetings plot to push party interests in Parliament

By JUMA KWAYERA
Stung by what it considers ODM's near-success in proving to the international community that the Kibaki administration is not keen on Judiciary reforms, the group disputing House Speaker Kenneth Marende's rejection of the President's nominees is caught up in a race against time as ICC judges put their final touches on a ruling that will give direction on whether the six post election violence suspects have a case to answer.
President Kibaki’s allies have held a series of meetings since Marende’s ruling on Thursday as the rift between the Party of National Unity (PNU) and the Orange Democratic Movement (ODM) continues to widen. In one of the meetings at Muthaiga Golf Club on Thursday evening, those in attendance explored ways of hastening the establishment of a local mechanism to try the ‘Ocampo Six’.
President’s confidants The failure to appoint Chief Justice has put into disarray the Government’s push to convince the UN Security Council to defer the Kenyan cases, which without doubt, are going to redefine further ethnic relations in the country. The discourse at the meetings was, however, not about the nominations but how to stop the ODM top order from succeeding Kibaki, The Standard on Sunday was informed.
MPs from both PNU and ODM admitted having ‘heard’ of the meetings reportedly attended by the President’s confidants and Rift Valley leaders allied to suspended Higher Education Minister William Ruto.
The sources said it was at this meeting that a resolution was arrived at to refer the matter to a constitutional court, a decision the President made public on Friday.
During the meeting, it was resolved a censure motion be introduced in the House against Speaker and a no-confidence vote against Prime Minister Raila Odinga.
This lends credence to a text message that has been circulating among PNU MPs and activists. The message reads: "PNU has today (Thursday) unveiled Operation 112 which means 50 per cent plus one MP required to oust Raila according to the National Accord. The party vows that Operation 112 is irreversible and it the only way to move this country forward."
The text message says further, "If Raila tries to stage mass action once he is removed from office, for each of his supporter he brings to the street we shall bring 5! Raila cannot be allowed to be holding this country at ransom forever. Operation 112 will show that this country belongs to the people."
Reached for comment on the agenda PNU Nominated MP George Nyamweya, said although he did not attend the Muthaiga meeting, the looming ICC indictments against Ruto, Uhuru, former Industrialisation Minister Henry Kosgey, radio presenter Joshua arap Sang, and former Police Commissioner Mohammed Hussein Ali, have sparked a flurry of activities intended to shield the six against the international judicial process.
"I did not attend the meeting at Muthaiga, but I attended the first one at Parliament. We are concerned about the state of the coalition. It appears the Prime Minister and his people are determined that post-election violence suspects are taken to The Hague for trials," Nyamweya, a member of the parliamentary committee on Justice and Legal Affairs, says.
Nyamweya says impeachment of Marende is also top of the agenda, but Imenti Central Gitobu Imanyara doubts the merit of the impeachment motion against the Speaker. According to Nyamweya the Speaker’s ruling amounted to impeachment of the President, which requires a substantive motion before the House. The MP says his party will also seek to undo the ruling on account it was made after normal business hours of the House.
During the Muthaiga meeting, the President’s men are said to have taken exception to the Speaker’s citation of the National Accord.
"Marende has taken over the mandate of Parliament. His ruling was tantamount to impeachment of the President. He has also used the National Accord to create a co-presidency. This is a serious constitutional matter that needs a substantive motion for debate," says Nyamweya.
Imenti Central MP Gitobu Imanyara, says he was aware of the Muthaiga meeting, but says the group will be forced to take recourse to extra-constitutional means to have their way.
"There have been threats to the Speaker — both physical and impeachment. Majority of MPs support the Speaker. They (supporters of the nominations) must realise committees don’t make decisions. They make recommendations to the House. Those recommendations go to the House as Notices of Motion. The speaker examines the Notice of Motion to establish whether it is contrary to the Constitution under Standing Order 47. Where he finds the Notice of Motion to the Constitution he rules it inadmissible," says Imanyara.
He adds, "In the present case the Speaker’s ruling accords with the with advisory of CIC under Nyachae and also ruling of justice Musinga the constitutional court cannot order Marende to refer to motions of Parliament."
Deputy Speaker of the National Assembly Farah Maalim, referring to the flurry of night meetings that have been taking place since Thursday says the controversy over nominations to fill constitutional offices nominations is a cover up of the actual concerns.
"It is the old forces fighting the new order. It is no coincidence the group urging the President to uphold his nominations consists of politicians who stole public resources during the Kanu regime. They joined the reforms forces with vested interests, but now heir clout is under threat. It is group that sees Government as a cow to be milked," says Maalim.