Story by OWINO OPONDO
New Speaker Kenneth Marende has his work cut out even as he settles in the Chair.
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Newly-elected Speaker Kenneth Marende looks on as President Kibaki takes his oath of office as MP for Othaya. Mr Marende made history by becoming the first candidate sponsored by the opposition to win the Speakers post. Photo/STEPHEN MUDIARI |
By trouncing Mr Francis ole Kaparo in the hotly contested poll for the seat on Tuesday, he has made history as the first Opposition MP to be elected to the post in post-independence Kenya.
It was clear at the week before the election that the Government side comprising the Party of National Unity and ODM Kenya were not comfortable with Mr Marende, an ODM member, winning the position of Speaker.
The tally of results for the post of the Chair confirmed that the Government side lacks a clear majority of MPs in Parliament. So does the Opposition.
Yet it is through the same august House that both sides seek to bring legislation to implement the promises they made to the public last year prior to the General Election.
Mr Marende, as the shepherd of the National Assembly, finds himself bang in the centre of competing political interests.
For example, President Kibaki is likely to solidify the coalition plan he has already began with ODM Kenya. This, he is likely to do by appointing more Opposition MPs firstly, and especially those from the small parties as ministers and assistant ministers.
Mr Marende has started off well by proving his independence through the first ruling he made on Tuesday, shortly after being overwhelmingly voted into the Chair by the ODM.
He poured cold water on arguments from the Opposition benches, led by Ugenya MP James Orengo, over the wording and the form of the Oath of Allegiance.
At that time, anxiety was evident on the Government side before the Speaker made the ruling.
But Mr Marende kept true to the demands of his office fairness, firmness, dignity, honesty and fortitude.
These are qualities that will constantly be tested by both sides of the House.
For example, a number of Opposition political parties whose members President Kibaki would have appointed to his Government between now and March when Parliament is set to begin work are likely to ask the Speaker to make a ruling.
They will be piling pressure on Mr Marende to declare vacant seats of those MPs who would have defected to the Government side.
It will not be the first time an Opposition party will be making such a move. Kanu chairman Uhuru Kenyatta, during the last Parliament, demanded the Speakers ruling when President Kibaki co-opted some of his party members to the Government.
It was a weighty matter because Kanu had already taken the issue to court.
The Kanu request put Speaker Kaparo between a rock and a hard place. He had two options: Respect the independence of the Judiciary, the Executive and the Legislature as arms of Government, or make a ruling that would have been challenged in law. He chose to keep mum, and the Ninth Parliament lapsed with the matter.
However, the dynamics of the law and positioning of political parties have changed in the new Parliament.
One, the previous House amended the law demanding that an Opposition MP gets the permission of his or her party boss before crossing the floor.
This requirement was an inclusion proposed by former Siakago MP Justin Muturi to the National Assembly and Presidential Elections Act (Cap 7).
It was tucked in the many existing laws changed under the omnibus called the Statute Law (Miscellaneous Amendments) Act. The provision took effect this month.
Sub-section 5 of Section 17 of the National Assembly and Presidential Elections Act now says: No person who is elected or nominated as a member of the National Assembly with the support of or as a supporter of a political party (other than the party whose candidate has been elected President at an election) shall be appointed a minister of the Government of Kenya under Section 16 of the Constitution without the concurrence of the party which supported him for election or nominated him for appointment as a member of the National Assembly.
Unity of purpose
The determination and unity of purpose exhibited by the Opposition on Tuesday is a matter that should keep the new Speaker and his deputy, Lagdera MP Maalim Farah, alert.
It is a practice that is likely to be extended in frustrating Government Bills on the floor of the House.
This would largely affect those businesses requiring the support of a simple majority to sail through.
They include the Budget, Bills and Sessional Papers, but leave out any constitutional amendments that usually require the nod of two thirds or 148 of the total 222 elected and nominated MPs.
Mr Marende is on record for expressing his respect for parliamentary traditions and practices.
Lifted and published by Korir, API/APN africanpress@getmail.nosource.nation.ke