Sunday, February 12, 2012

Speaker wants VP to come clean on Nyambati



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Photo/FILE  The VP appointed Mr Nyambati to represent him as the Leader of Government Business.
Photo/FILE The VP appointed Mr Nyambati to represent him as the Leader of Government Business.  
By ALPHONCE SHIUNDU ashiundu@ke.nationmedia.com
Posted  Saturday, February 11  2012 at  22:13
Speaker Kenneth Marende has ordered Vice-President Kalonzo Musyoka to publicise the return of Kitutu Masaba MP Walter Nyambati to the influential Parliamentary Service Commission.
Mr Nyambati’s reappointment has caused murmurs of discontent within Parliament.
In a letter to the two Joint Government Whips, Mr Jakoyo Midiwo (ODM) and Mr Johnsone Muthama (PNU coalition), the Speaker has asked them to ensure that Mr Musyoka makes the announcement in the House by virtue of being the Leader of Government Business.
“In accordance with the practice and procedures of the House on the nomination, appointment or replacement of members serving on various parliamentary committees and statutory bodies, it is expected that the Leader of Government Business will notify the House of the appointment of (Mr) Nyambati to the commission at the earliest opportunity when the House next meets,” the Speaker noted in the letter seen by the Sunday Nation.
But even as the Speaker gave the directive, it emerged that he has had several conversations with the VP regarding Mr Nyambati’s return. (READ: Nyambati’s return to key House team raises eyebrows)
First, Mr Musyoka asked the Speaker to freeze the election of a vice-chairman of the commission. The MP held the position prior to his losing an election petition.
The VP’s letter seeking the freeze is dated December 8, 2011, just days after Mr Nyambati won a by-election.
However, the PSC ignored the VP’s request and picked Mr Adan Keynan, who replaced Mr Nyambati on the PSC as vice chairman.
This is a powerful position because the holder is the person who runs the show as the Speaker, the de jure chairman, is very busy with the legislative agenda of the House.
A legal dilemma
Insiders on the commission said the PSC chose Mr Keynan after a legal dilemma blocked their plans to pave the way for Mr Nyambati’s return to the position.
The VP appointed Mr Nyambati to represent him as the Leader of Government Business. He had hoped that once he got to the commission, he could then take over as vice-chairman.
But the law does not allow the Leader of Government Business or his nominee to occupy the powerful position.
The reason for this is that such an eventuality can impinge on the independence of the august House.
The VP’s action has caused concern among MPs and some staff in the National Assembly, who have quietly lobbied their colleagues to question him when he appears on the floor of the House with news of the appointment.
Mr John Mbadi (Gwassi), whose motion to reconstitute the PSC on allegations of corruption was put on ice to allow for consultation, has vowed to raise the issue.
“What is this that Mr Nyambati knows that they don’t want to have him on the outside?
“If the commissioners are not trying to conceal anything, why are they fighting to have Mr Nyambati on the inside?” Mr Mbadi said.
When Sunday Nation contacted him, Mr Nyambati said he would call a meeting this week to give his side of the story.
A similar motion by Bura MP Abdi Nuh is also awaiting the Speaker’s nod.

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