Sunday, December 25, 2011

Farah Maalim’s bouts of fury that shake up MPs during House debate



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National Assembly Deputy Speaker Farah Maalim comes across as somewhat erratic in his decision-making, easily moved by emotions and likely to succumb to the chants of the MPs to send their colleagues out of the House for real or imagined disorderly conduct.
Photo/FILE National Assembly Deputy Speaker Farah Maalim comes across as somewhat erratic in his decision-making, easily moved by emotions and likely to succumb to the chants of the MPs to send their colleagues out of the House for real or imagined disorderly conduct. 
By ALPHONCE SHIUNDU ashiundu@ke.nationmedia.com 
Posted  Saturday, December 24  2011 at  22:30
On a fairly hot Thursday evening 45 days ago, Deputy Speaker Farah Maalim lost his temper while presiding over debate in Parliament.
He kicked out Chepalungu MP Isaac Ruto for “disparaging his colleagues”.
Mr Ruto, who was seeking a ministerial statement on the stoning of presidential hopeful Raphael Tuju in Kisumu, did not understand why Mr Maalim suddenly turned hostile.
In any case, Mr Maalim had seemed to enjoy the politically extravagant jokes and the playful manner in which the jocular Chepalungu MP was making his request.
But when he dragged in “one of the principals”, Mr Maalim got angry, stood up and told Mr Ruto to keep quiet.
A baffled Mr Ruto asked: “Mr Deputy Speaker, sir, under what Standing Orders are you (denying me the opportunity to speak)?”
“Order! Order!” Mr Maalim shouted back. The Standing Orders say that if the person presiding over debate in the House is on his feet, all MPs should sit down and be quiet.
Not Mr Ruto. He stayed on his feet, faced the Deputy Speaker and told him: “No, you are not going to be dictatorial, Mr Deputy Speaker, sir! What is wrong with you? You are a dictator!”
Already angry
At this point, the already angry Deputy Speaker ordered the Chepalungu MP out of the House.
But the MP was not done. He looked at him and gave him eight stinging last words: “I will go out, but you are useless!”
In a daring challenge to the authority of the Chair, Mr Ruto threw a sheaf of papers at the Clerk’s table – in the direction of the Deputy Speaker – and walked out of the House. He survived further punishment.
On Tuesday, Mr Maalim again kicked out another MP over the emotional debate on nominees to the Ethics and Anti-Corruption Commission.
The unlucky victim of one of Mr Maalim’s bouts of fury was Sports assistant minister Kabando wa Kabando.
Mr Kabando had stood up to ask the Deputy Speaker to desist from using his position in the Chair to engage in debate.
The issue was simple. Water assistant minister Ferdinand Waititu had said that by law, it was not the job of Mr Mumo Matemu as the head of support services to collect tax.
Mr Waititu, who told the House that he was a former employee of Kenya Revenue Authority, said that once Mr Matemu won the case on the collection of Sh2.4 billion in tax arrears, it was not his job to ensure that the money was collected.
But the chairman of the Constitutional Implementation Oversight Committee, Mr Abdikadir Mohammed, did not agree.
Collection of tax
KRA, Mr Mohammed said, was a legal entity charged with the collection of tax, and if there is any tax overdue, it is upon the officers concerned to ensure that the money is remitted.
“The KRA is one legal entity. It does not have different departments called KRA ‘X’ and KRA ‘Y’,” Mr Mohammed said.
He drew parallels with the lethargy that engulfed the State Law Office when the former Attorney-General would win cases but not follow up on implementing the government directives that took him to court in the first place.
But Mr Maalim, who appeared satisfied with Mr Waititu’s explanation, asked Mr Mohammed to cite the law that he was using.

The plan of those who backed Mr Matemu was to interrupt Mr Mohammed to make sure his contribution was at best not coherent, and at worst cut him short. The Deputy Speaker, too, interrupted.
He then allowed arguments to be raised under the oft-abused “Point of Order” – which should be used to signal a breach in procedure.
It is this that saw Mr Kabando rise and point out “with courage” that “it appears that you are debating and chairing”.
That did not please Mr Maalim. With the backing of a few backbenchers who were keen to punish Mr Kabando for opposing “their candidate”, he kicked out Mr Kabando.
“This is a dignified House. It is important for the Chair to demand facts. That is the tradition of this House. For the House to proceed, the Chair can demand those facts from the Honourable Members when they are debating.
For Kabando to cast aspersions on the integrity and dignity of the Chair … notwithstanding the fact that you were my junior and friend while we were learning politics, we can still not allow the dignity of the House to be denigrated in any way. You will spend the rest of the day out there,” said Mr Maalim.
An irate Mr Kabando shouted back at the Deputy Speaker: “I was never your junior!” Then he majestically walked out.
When it comes to moderating debate in Parliament and maintaining the discipline of the lawmakers, Mr Maalim is not at par with Speaker Kenneth Marende.
Chants of MPs
The Deputy Speaker comes across as somewhat erratic in his decision-making, easily moved by emotions and likely to succumb to the chants of the MPs to send their colleagues out of the House for real or imagined disorderly conduct.
For example, even after chasing out Mr Kabando for apparent partiality, he went ahead and proved Mr Kabando right when he cast his vote to throw out the report of the committee that had recommended the removal of the EACC nominees.
However, the House rules recognise that he has an “original vote”, which means he’s entitled to vote. And also, he enjoys the casting vote used to break ties.
When MPs were up in arms that he had voted “late”, he told them to read the Standing Orders; he had two votes.
Nonetheless, all the questions were settled with one Solomonic ruling from Mr Marende who said the EACC nominees had not been approved by the House and will undergo fresh voting. (READ: Marende's mix of wise and baffling rulings)

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