Former Butere MP Martin Shikuku (right) and Dr Joseph Misoi, former MP for Eldoret South. Photo/CHRIS OJOW Former Butere MP Martin Shikuku (right) and Dr Joseph Misoi, former MP for Eldoret South. Photo/CHRIS OJOW
By ALPHONCE SHIUNDU (ashiundu@ke.nationmedia.com)Posted Monday, February 21 2011 at 17:25
The MPs seeking to challenge the Speaker’s ruling should go to the High Court, not Parliament” a veteran lawmaker and consultant with the Commonwealth Parliament said on Monday.
Mr Shikuku, who sometimes trains new MPs on lawmaking and consults for the Commonwealth Parliamentary Association, accused the Pro-Kibaki MPs of malice in their move to attack the Speaker following his ruling.
“The High Court, the Judicial Service Commission, the Commission for the Implementation of the Constitution, the International Commission of Jurists, the Law Society of Kenya and even the CJ, and the AG, who are the custodians of law in this country, all said the process was unconstitutional. Why are they singling out the Speaker?” he posed.
Mr Martin Shikuku, a former MP, told Nation.co.ke that the push to review the Speaker’s ruling declaring the four Constitutional nominations unconstitutional, was wrong to the extent that it seeks to force the Speaker to allow Parliament to discuss an “unconstitutional motion”.
Amendment
He cited Standing Order 47(3)(b) which gives the Speaker powers to reject any motion that is contrary to the Constitution, unless that motion is an express amendment of the Constitution.
“Unless they amend that Standing Order, they won’t be able to do it on the floor of the House,” Mr Shikuku said.
“The Chief Justice and the Attorney General have already termed the nominations as unconstitutional, therefore, it follows that the Speaker cannot allow anything unconstitutional to be debated in the House.”
The High Court has already termed the nominations illegal.
He recalled that in the first Parliament in 1963, firebrand politician Tom Mboya clashed with the then Speaker Humphrey Slade over Mr Slade’s ruling.
“Mr Slade told Tom Mboya that, you can’t debate this on the floor. He referred him to the High Court,” the former MP said.
Mr Shikuku’s sentiments comes just a day after former Speaker Francis ole Kaparo asked the belligerent MPs not to intimidate the Speaker by issuing censure threats.
Circumstances
Mr Shikuku
“What was placed before the House is unconstitutional,” he said. "We were within the law the other time; they are not."
The MP said the push to have the nominations debated and the names approved in Parliament - against the popular will - was akin to subverting the gains made in the Second Liberation that came with the promulgation of the new Constitution on August 27 last year.
“Forty million wananchi cannot be sacrificed on the altar of this six ICC (International Criminal Court) suspects or the four (constitutional ) nominees,” he said.
“These people claim to be Christians. They should borrow from the example of Jonah in the Bible, who instead of letting the whole ship sink, he jumped into the water and was carried to where God wanted him to be. They should not let the country sink.”
Mr Shikuku added: “Let’s get busy with the implementation of the new Constitution and not bring sideshows in the House.”
As he made the call, he asked the four nominees, Mr Justice Alnashir Visram, Mr Kioko Kilukumi, Prof Githu Muigai and Mr William Kirwa to reject their nominations for the offices of Chief Justice, Director of Public Prosecutions, Attorney General and Controller of Budget.
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