History made as Speaker to recall MPs

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Sources in Parliament said Mr Marende had turned to the Standing Orders (House rules) to allow Parliament to resume its sittings after it became apparent that the President, under the new Constitution, had no powers to wind up the last session. Photo/FILE 

By ALPHONCE SHIUNDU ashiundu@ke.nationmedia.com AND NJERI RUGENE nrugene@ke.nationmedia.com
Posted Wednesday, March 16 2011 at 22:01

House Speaker Kenneth Marende is this week expected to issue a gazette notice summoning MPs back to Parliament next Tuesday.

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Sources in Parliament said Mr Marende had turned to the Standing Orders (House rules) to allow Parliament to resume its sittings after it became apparent that the President, under the new Constitution, had no powers to wind up the last session.

Without the prorogation of the last session, it technically means Parliament won’t begin a new Session, rendering superfluous the President’s role in summoning MPs for a fresh session. (READ: Kenyan MPs on holiday again)

The sources revealed that the Leader of Government Business, Vice-President Kalonzo Musyoka, together with the House Business Committee, had, prior to the adjournment a fortnight ago, expected the President to summon the House within this week.

On Wednesday, calls to MPs we contacted expressed surprise as many of them were sitting back waiting for the Head of State to wind up the Fourth Session and recall them for the Fifth Session.

The powers of the President to dissolve or prorogue Parliament were left out in the new laws. The thinking was that Parliament should set its own calendar to protect it from abuse by the Executive.

Joint-Government Chief Whip (ODM) Jakoyo Midiwo had earlier told Nation Media Group’s Q-FM that the constitutional hitch was not anticipated when the MPs voted to adjourn the sittings indefinitely.

The late resumption of sitting by Parliament puts at risk the budgeting process for next year, because the Budget Policy Statement will also be late. The implementation of the new laws is also at risk.

Justice Minister Mutula Kilonzo noted that Parliament has to come back next week to meet the tight deadlines in the implementation of the Constitution.

“I expected Parliament to resume this week, but that’s impossible. So it has to do so next week because we are already running late,” he said.

In seven months after the promulgation of the new Constitution, Parliament has spent most of its time in political wrangling. (READ: MPs call for end to rivalry as House adjourns)

MPs have approved two Bills — the Judicial Service Bill and the Vetting of Judges and Magistrates Bill — which are awaiting the President’s assent.

Three draft Bills — the Independent Electoral and Boundaries Commission Bill, the Supreme Court Bill and the Independent Offices Bill, are awaiting publication.

The draft Elections Bill is still with the Justice Minister. Treasury is still holding on to the Salaries and Remuneration Commission Bill, in spite of the Bill having been submitted by the Kenya Law Reform Commission weeks ago.

Additional reporting Farell Nalimae and Paul Nabiswa