House off to good start under new law as MPs are sworn-in the new constitution

By David Ochami

Swearing-in of MPs under the new Constitution went on well. However, those who might have failed to take the oath will be barred from sitting on committees or engaging in any other business, House Speaker ruled yesterday.

Speaker Kenneth Marende said the new Constitution, however, has a saving provision for MPs who may fail to attend the swearing-in ceremony on the day of commencement of the new charter due to ill health or other unavoidable circumstances.

He said those who failed to swear allegiance to the new laws are required to take the oath on the "next sitting of Parliament", which is Tuesday.

In a ruling before the swearing-in began, Mr Marende barred any interruptions from MPs who wanted some of their colleagues stopped from taking the oath on grounds of financial, moral impropriety, criminal trials, and investigations.

The decree followed an attempt by Ikolomani MP Bonny Khalwale, who petitioned the Speaker to disallow ‘tainted’ MPs from the oath, which Marende rejected. But no sooner had the Speaker delivered the ruling than Khalwale stood up, apparently to interject or seek a second hearing, but was told to stand down.

Ruto applauded

By last evening, the ceremony was progressing well, including dutiful swearing by ministers and MPs opposed to the new charter to uphold and defend it.

Chepalungu MP Isaac Ruto, who stridently opposed the new Constitution, was applauded as he swore to defend it.

MPs Millie Odhiambo, Peris Simam, Rachel Shebesh, and Jebii Kilimo came to the chamber clad in national colours.

Four parliamentary seats – Makadara, Starehe, Wajir South and Juja – are vacant following High Court nullification of the their elections.

MPs shocked

Meanwhile, angry MPs demanded answers from the President and his Government on the move to invite Sudanese President Omar el Bashir to the fete.

Defence Assistant Minister David Musila said it was incomprehensible for Kenya, which he said was emerging from impunity with a new Constitution, "to allow Bashir to attend our ceremony".

Mr Musila is a member of the Parliamentarians for Global Action-Kenya Chapter, which oversees the implementation of the Rome Statute. Kenya domesticated the statute by passing the International Crimes Act in December 2008.

Musila said by inviting and protecting an indicted war crimes suspect the Government was telling the world that it does not care about the rule of law and international opinion.

He said a clique in Government kept Bashir’s invitation secret.

Musila said PGA received information from its headquarters in New York on the eve of the promulgation of the intended visit, but Kenyan chapter was not aware because the list provided to them did not have Bashir’s name. "After receiving the information from our headquarters in New York, we made efforts to know whether it was true, but we were told the first Vice-President Salva Kiir will represent the country," he said.

Nominated MP Musa Sirma, who is the local PGA chairman, said they were shocked when they saw Bashir arrive at the fete.