Plot to censure Mutula flops as MPs back off

By Lillian Aluanga

If a plan to censure Justice Minister Mutula Kilonzo had materialised, then he would have joined the list of MPs who have faced threats of removal from office.

A section of MPs had threatened to censure the minister over tax arrears of about Sh300m. But the move was also viewed as an attempt to ‘tame’ the Mbooni MP who has been vocal on his stand that individuals facing crimes against humanity charges at the International Criminal Court (ICC) hold their ambitions to run for president.

Four suspects are to stand trial for crimes committed during post-election violence.

Deputy PM Uhuru Kenyatta, Eldoret North MP William Ruto, former Civil Service head Francis Muthaura and journalist Joshua arap Sang have appealed the decision by the ICC to have them stand trial.

Uhuru and Ruto have declared their presidential ambitions but Mutula’s opposition to their candidacy has not gone down well with MPs allied to them.

According to the dictionary of parliamentary procedure, a censure Motion is defined as a Motion condemning the government, a minister or a private member for some position, which they hold, or for some action or lack of action for which they are responsible.

Although MPs later dropped the plan, their stand evoked memories of no less than six members of the current August House who have found themselves in Mutula’s shoes. Opinion is divided on whether the frequency and motives behind some censure Motions in the House have watered down what is essentially a powerful tool for reprimanding errant leaders.

Then there is also the question of whether censure Motions have been turned into arsenals for settling political scores and the possibility of their being used to abuse the powers granted to Parliament.

"We have had interesting censure Motions in the Tenth Parliament such as the one on former Finance Minister Amos Kimunya over the sale of the Grand (now Laico) Regency Hotel. Although it had a strong basis, it’s unfortunate that after passing a vote of no confidence in the minister, a report on the saga was never made public. To date, nobody knows how Kimunya was reinstated to the Cabinet," says Kenyatta University lecturer Edward Kisiang’ani.

Diluted concept

According to Dr Kisiang’ani, a historian, Kimunya’s reinstatement to Cabinet by the Executive, albeit under a different docket, diluted the concept of the censure Motion, which had forced the then Financeminister to step aside.

Matters were, however, different for former Agriculture Minister William Ruto, who survived a censure Motion over queries raised on a maize shortage that forced the Government to seek Sh36 million to save millions from hunger. But this, too, did not escape the political intrigues around similar events in Parliament.

"Although a serious issue was being raised, MPs from Rift Valley and Central politicised the matter. At the time, there were also pending evictions from Mau Forest, which played a role in how MPs viewed the Motion. Ultimately, the objective of the censure Motion was lost to ethnic chauvinism," says Kisiang’ani.

Other leaders who have been ‘earmarked for the chopping block’ include House Speaker Kenneth Marende, who at some point faced possible censure over his perceived ‘role in frustrating the work of the Justice and Legal Affairs Committee, which was at the time beset by wrangles over the chairmanship of Budalang’i MP Ababu Namwamba.

Earlier, a section of MPs had threatened to censure Marende over his ruling on President Kibaki’s controversial nomination of top judicial officers, which the Speaker had termed ‘unconstitutional’.

Centre for Multiparty Democracy Chairman Justin Muturi says censure Motions should not be taken lightly and must be based on a lot more than differences in opinion.

Kisiang’ani, who terms current plans to censure Mutula as ‘shocking’, shares this view.

"The point of disagreement here is based on interpretation of the Constitution. Mutula’s argument is based on Articles 10 and 73, which talk about public servants conduct, as well as values such as integrity, honesty and patriotism. It would make more sense if those challenging the minister would base their argument on his ‘wrong interpretation’ of the Constitution, but this is not the case," he says.

Mutula’s ‘tax problems’ have been in the public domain since the entry of the Narc Government in 2002. While disowning the Sh350 million floated, as the amount owed the taxman, Mutula argues he has been paying back his dues and has not drawn his parliamentary salary since 2003.

It has also been argued that pushing for Mutula’s censure based on the tax issue was akin to faulting the appointing authority, in this case the Executive, which gave him a job despite having such information.

While clarifying that he was not defending the Justice minister, Muturi says there is need to place high premium on leadership. "There were recommendations made as early as 2003 which touched on the Justice minister’s integrity with regard to tax issues. If these were to be considered then he should never have risen to the position of minister in the first place," says Muturi.

The former Siakago MP, however, cautions on the caliber of some of the legislators fronting censure Motions.

"Some of those shouting loudest are not clean either. People who are of questionable standing should not be the ones to push these motions. There is need for self introspection even before we think of presenting censure Motions to avoid turning the whole issue into a circus," says Muturi.

Not spared

The threat of censure Motions has not spared those holding high office, with Prime Minister Raila Odinga facing similar threats over alleged misappropriation of Kazi Kwa Vijana Funds. Raila defended himself in Parliament against the claims terming plans to censure him political wit chunt.

Previously, the PM’s insistence that MPs pay tax had drawn the ire of members of the August House.

The re-appointment of Foreign Affairs minister Moses Wetangula had also run foul with some MPs who wanted Raila censured.

Wetangula had stepped aside over the controversial buying of an embassy building in Japan.

Internal Security minister George Saitoti had also been threatened with censure. At the time, MPs wanted him to explain why the Government Printers had defied orders from what was then the Interim Independent Boundaries Review Commission to publish its report in the Kenya Gazette.

Says Daisy Amdany, Executive Director at the Community Advocacy and Awareness Trust: "Threatening to censure Mutula simply because he has not interpreted the Constitution in a way that suits a section of legislators is an indication of impunity".

Former Foreign Affairs minister Marsden Madoka says many censure motions in Parliament arise from political party differences and lack of political maturity.