Thursday, February 3, 2011



House Speaker Kenneth Marende. FILE | NATION

House Speaker Kenneth Marende. FILE | NATION

Posted Thursday, February 3 2011 at 13:44
Daily Nation

Kenya parliamentary Speaker Kenneth Marende has declined to make a ruling on the legality of President Kibaki’s nomination of top officials for the country’s justice system and budget office.



He instead directed the matter to two House committees - Justice and Legal Affairs and Finance Planning and Trade - to collect evidence, deliberate on the issue and report to the House at a special sitting Thursday next week.

Here is a livetext of the proceedings as they happened:

4:40: The constitutionality of the issue is a not a matter to be determined by the House.

Speakers says committee collect evident and help the House arrive at a conclusion.

Says two letters be forwarded to the Justice committee and act on them according to their respective mandate. The committe will be expected to report to the House at a special sitting to conduct the specific business.

Speakers rules that it is not appropriate and declines to make a ruling, also on whether there was or not a consultation. Withholds comment on the veracity on the letter received from the Prime Minister.

4:31 The minimum the Speaker will do to convey this to the relevant organs of the House

Speaker commits to the responsible committee to deliberate on the constitutionality and then for the House to approve or disapprove the motion.

Important to consider Standing order presupposes a motion that Speaker can form an opinion

We are not in a point where we can favour or support the motion.

If the matter arises in the House on a constitutional issue, it is the responsibility of the Speaker to give an interpretation

4:09: Speaker says he has mandate to rule on the matter at hand.

Breaking News: HIGH COURT declares unconstitutional Kibaki nominees for justice and budget office jobs and orders that no State organ to proceed with them.

4;05 - Marende points out questions that informs his deliberation, including, whether the Speaker is competent to rule on the issues at hand, or whether should be referred to other organs; and what consultations.

4:01 Speaker currently speaking on the matter of President Kibaki's nominations. Refers to Imanyara's argument in Parliament Tuesday (see below) which sought the Speaker's direction.

3:58 - End of Question Time

Jebii Kilimo: We should not just castigate police officers. They put their lives on the line

3:38 - Gwasi MP raises issue over statement that officers are looking for thugs to kill. Minister says officers will not allow thugs to take over the country.... Speakers asks him to withdraw the statement

3:23 - Gichugu legislator Martha Karua on the question 'Could the Minister state how many people have been shot dead by police in the country since the 4th of August, 2010 giving the names and places they were shot and the circumstances?'

Minister says in 2010, 18 people shot by police, and starts naming the identities and the circumstances. Indicates the first one shot while participating in riots in Nakuru.

Says measures to curb the trend include identifying the officers, some of whom are retired on medical grounds.

Karua says she has a list of 62 people, indicating that over 70 people must have been killed, notes the specific numbers and where the shootings took place.

3:14 - On the question on the outcome of specific mineral surveys conducted in the country. Minister says preliminary explorations – deposits in Meru county. The new law to enable communities to benefit from the mining.

3:00 At this time members are debating other questions indicated on the order paper, and at the end, the Speaker is expected to make his communication.

To the Ministry of Education there are questions seeking the cause of mass failure in the 2010 Kenya Certificate of Primary Education (KCPE) examinations in Kisii and Nyamira Counties. The minister is being required to provide a list of all registered candidates in the
2010 KCPE examinations in the two counties and the breakdown of their performance.

Minister says he is aware of the shortage of fertiliser. Says ministry asking Treasury to release the money but have not yet received the money, insists there is no revolving fund.

Questions for Minister for Agriculture:

a) Is the Minister aware that food production is threatened by the
rapidly escalating prices of fertilizer?

(b) Why has the Revolving Fund for Stabilization of Fertilizer Prices that
was initiated in 2010, through which the Government released funds for purchase and subsequent sale of subsidized fertilizer for farmers,
(c) What measures is the Minister taking to arrest the above situation?

After Orders of the day are read, it is now Question Time.

2:30 House session begins with prayers.

Last week, President Kibaki nominated Justice Alnashir Visram as new Chief Justice, Prof Githu Muigai as Attorney General and Kioko Kilukumi as the Director of Public Prosecutions. The fourth position of Controller of Budget – though not part of the justice system – went to Mr William Kirwa.

Since then, there has been controversy over the nominations, with some criticizing the move as ‘unconstitutional’.

The contention is that there were no adequate consultations, and Prime Minister Raila Odinga indicated that shortly after he arrived from the AU summit in Addis Ababa. He said the announcement, made while he was in Ethiopia, ‘shocked and dismayed’ him.

Other bodies including the Constitutional Implementation Commission, the Judicial Service Commission and some civil society groups have sought to have for dialogue to avert a looming political and constitutional crisis.

On Tuesday, after a heated debate in Parliament - pitting members of Mr Odinga’s Orange Democratic party against those from President Kibaki’s Party of National Unity (PNU) - it was resolved that Speaker Marende would make a ruling over the nominations to the four key positions under the new constitution.

Here is the verbatim report of the point of order raised by Gitobu Imanyara (Central Imenti) in which he sought the Speaker's ruling on Tuesday:

Mr. Imanyara: Mr Speaker, Sir. I rise on a point of order to seek your assurance, guidance and direction on what we, hon. Members of this National Assembly should do where incidents of gross violation of the Constitution occur, instigated by either the Members of this House, the Executive or the Judiciary.

In rising on a point of order, Mr. Speaker, Sir, I am aware of Article 3 (1) of the Constitution that we recently promulgated which says: “Every person has an obligation to respect, uphold and defend this Constitution.”

Yesterday, Kenyans were treated to a spectacle that we have not seen in the history of this country where the country’s Chief Justice and the Country’s Chief Legal Advisor held a press conference and signed a statement which accused the Head of State of breach of the Constitution in the manner in which he has submitted to you the nominees for positions under the new Constitution.

Mr. Speaker, Sir, in the Statement by the Judicial Service Commission at which the hon. Chief Justice was present and signed this Statement; and at which the hon.

Attorney-General, a constitutional office holder who is the Chief Legal Advisor to the Government and whom we depend upon to let us know whether the Government is acting in accordance with the Constitution, stated as follows, and I have a copy of the statement that was signed by all of them: - “We, the members of the Judicial Service Commission express our grave concern and misgivings about the nomination for the Chief Justice that was made by the President last week. We note that the President states that he consulted the Prime Minister prior to the nomination. We have also noted the views expressed by the Prime Minister that he was not consulted prior to the nomination.

As we implement and internalize the new Constitution, we, the Judicial Service Commission, are of the view that both the Judiciary and the Kenyan people must start the new era heralded by the new Constitution on the right footing; both the letter and the spirit of the new Constitution must be adhered to in our view.

In light of the divergent views coming from the principals, we are of the view that the principals need to reconsider their respective positions.

There is an urgent need for a rethink of the matter and to put the country first that entails a withdrawal of the nominations and a fresh start. On our part, it is our view that in order to give the process of appointing judicial officers’ legitimacy, public confidence, ownership and acceptance by the people of Kenya, the Judicial Service Commission must play an integral role in the process. It is our view that Articles 171 (e) and (2) read together with Article 166 (1) and Schedule 6, Section 24, gives the Judicial Service Commission powers to play that important role. Such a process, in our view, would de-politicize and provide the much needed legitimacy and acceptance of the nominees.”

Mr. Speaker, Sir, that is a very important Statement issued by an arm of the Government - the Judiciary - which is headed by the Chief Justice. I have just said that the Chief Justice sat at a press conference and signed this Statement, a copy of which I table before the House.

(Mr. Imanyara laid the document on the Table)

Shortly thereafter, another Commission formed under the laws passed in this House and appointed only the other week upon our return also issued a Statement signed by the Chairman of that Commission, namely the Commission for the Implementation of the Constitution (CIC) expressing similar views and ending – because it is a lengthy Statement – as follows:- “In view of the above, it is the position of the CIC that the letter of the Constitution as provided for in Article 66, together with Sections 24 and 29 of the Sixth Schedule require that the appointment of the Chief Justice by the appointing authorities should be as follows.

(i) The process of appointment should commence with recommendations by the Judicial Service Commission to the President, who in turn should consult the Prime Minister after which the President forwards the name of the nominee to the National Assembly for approval before final appointment by the President.
(ii) The role of the Judicial Service Commission in the appointment of the Chief Justice should be respected and the Commission allowed to undertake the function reserved to it by the Constitution.”

Mr. Speaker, Sir, that is a lengthy statement. It is signed and I table before this House a copy of the statement.

(Mr Imanyara laid the document on the Table)
Mr. Speaker, Sir, you would have noticed that the Judicial Service Commission did point out that the Prime Minister did dissociate himself from that nomination process, which would point to a breach of the provisions of the Constitution that incorporate the National Accord that requires consultations between the Principals before appointments are made.

Indeed, I am aware that the Rt. Hon. Prime Minister has written to you at length on this issue and you have a copy of that letter, which I have tabled before the House.

What bothers me and hon. Members of this House who I have spoken to is that, contrary to the oath that all of us took, each of us, as a Member of Parliament and each of the heads of the various arms of the Government, there is a clear attempt to undermine the Constitution under the circumstances that will point to a very dangerous trend.

Mr. Speaker, Sir, should we get this wrong and go back to the old days, then there would have been no need for the long crusade for a new Constitution in this Republic.

This is if the implementation process is carried out in a way that undermines that process.

Mr. Speaker, Sir, because you have made Communications from the Chair on the need for the implementation of the Constitution in a manner provided for in the Constitution, I rise to seek your directions on how we should proceed in this regard, bearing in mind the provisions of Standing Order No. 47 (b) which forbid the bringing into this House of any Motions, laws or any Bills that are contrary to the Constitution.

Hon. Members: Yes!

Mr. Imanyara: Mr. Speaker, Sir, I do seek your direction and guidance.

Add a comment (46 comments so far)

  1. Submitted by muthinja1
    Posted February 03, 2011 06:05 PM

    Sagacious of Marende to keep above the fray, with so many having ruled on the issues, it served him no purpose to antagonize either side further. That Pre. acted illegaly is in little doubt, but Marende is speaker of whole house and cannot be seen to take sides, more-so when emotions are so high. Well done Sir.

  2. Submitted by BIGGYDOLZ
    Posted February 03, 2011 06:01 PM

    Dear Otienoz! U expected Marende 2 rule in favor of Raila. Thatz not the case now. U r the worst analyst I'v ever met, your pet subject is Raila. Shame on you. It's only simple minds which discuss individuals. Your opinions r not worth the space.

  3. Submitted by mwalie
    Posted February 03, 2011 06:01 PM

    what? I thought the speaker made his rulling. Or is this not a rulling?

  4. Submitted by rohsafi
    Posted February 03, 2011 05:53 PM

    the drama continues.....its like a movie with no climax or 'something else without a feeling of being done. damn the politics games is well crafted, surely welcome to kenya hollywood.we are all glued to see who loses what and who wins what! until the next be continued....

  5. Submitted by Gaca
    Posted February 03, 2011 05:50 PM

    I think it was all orchestrated to coincide. The high court ruling declares illegal just before speaker concludes sparing him the need to have to go either way!

  6. Submitted by nampeta
    Posted February 03, 2011 05:37 PM

    Well done Mr Speaker Sir. You acted prudently and you deserve to hold the reigns. You demonstrated that, although Kenyans have great trust in you, you are ready to engage others in making decisions. This is unlike the two principles who can collude to do illegal business and only cry foul when the deal turns sour. Well done!

  7. Submitted by bobcats
    Posted February 03, 2011 05:35 PM

    Well the speaker could have given a bold ruling according to the law which is obvious, i guess he was trying to save a face of a principal, but truth is already with the jury- Mwananchi.

  8. Submitted by njomam
    Posted February 03, 2011 05:32 PM

    I followed the speaker tackle the "hot" issue...hehehe...long, twisty, and finally make no ruling. Our two Principals need to know that Kenyans can never be taken for granted. One thing came to my mind," if 2007/08 was now, how would Kenya be?...look at countries fancied by great powers..Egypt!The voice of the people can never be underestimated!

  9. Submitted by iphone4G
    Posted February 03, 2011 05:30 PM

    You are my man Mr. Speaker sir! Always teaching the babies that are our politicians think Kenya and not their parties and selfish interests and calculations!! Good job! Now let them go back and do their assignment again! It's about Kenya guys, a good Kenya will be good for all of us; a good Kenya for a few of us will make us worried of our exit from power! Let's think Kenya guys...

  10. Submitted by mottaf
    Posted February 03, 2011 05:27 PM

    The speaker has actually given a ruling; and that is that he has not approved of the names received since its not his duty to do so. Somebody said that the work of parliament is to make laws and not to interprate them, the work of the court is to interprate the laws and the courts have duly done so this afternoon.

  11. Submitted by nngoru
    Posted February 03, 2011 05:27 PM

    Mr speaker well its not too bad to refer the matter to the two committees but i feel somehow let down by you.I mean i expected a clera cut decision.its either legal or illegal.This time you were not bold enough and i hope its not because of the unfortunate threats you received!

  12. Submitted by majogoo
    Posted February 03, 2011 05:22 PM

    The speaker promised to give a ruling today only to give none. I dont know what to call this. Cowardice, caution or simply incompetence.

  13. Submitted by mascot
    Posted February 03, 2011 05:20 PM

    Well done....Hon Speaker. You have restored dignity to our Country. May u have a good sleep tonite...God Bless you

  14. Submitted by mike2010
    Posted February 03, 2011 05:11 PM

    that was a smart ruling....he confidently dodged the bullet

  15. Submitted by jfeo
    Posted February 03, 2011 05:04 PM

    The ruling shows this man is wise.

  16. Submitted by cygnus
    Posted February 03, 2011 04:59 PM

    Having keenly listen to the whole ruling of the Speaker, as predicted, he ruled right and has not let down Kenya by favouring any side. Keep up the good work Mr. Speaker.

  17. Submitted by memmaina
    Posted February 03, 2011 04:53 PM

    we will have 7 more days of politicking and tension. God save us from these politicians!

  18. Submitted by cyberspc
    Posted February 03, 2011 04:34 PM

    Kibaki is playing with fire.

  19. Submitted by Tankman
    Posted February 03, 2011 04:03 PM

    I bet the speakers ruling on what everybody is nervously waiting to hear,will be based on what he believes the law says and what institutions and individuals have already said.The decision will also be informed by the mood of the nation,which's ,let the law about constitutional appointments apply

  20. Submitted by MODERATOR
    Posted February 03, 2011 04:02 PM

    @Jaymmoh...did you ever learn in school a little thing called: "The present continuous tense"?

  21. Submitted by achokimog
    Posted February 03, 2011 04:02 PM

    after the ruling am yet to hear "our people are not considered in the ruling let us boycott this new constitution. Marende will no longer be refereed as mr. speaker but refereed in terms of his party or tribe shame on you horrible members " watch out

  22. Submitted by Jaymmoh
    Posted February 03, 2011 03:59 PM

    Ruling as per the headline was to be made at 2.30 pm.i am eargerly waiting for the ruling only.....

  23. Submitted by maahm1
    Posted February 03, 2011 03:57 PM

    I have come to conclude the best people to lead this country are the people from North Easter,these guys have won my heart and they have raised the bar high.

  24. Submitted by cm83
    Posted February 03, 2011 03:57 PM

    let us wait!

  25. Submitted by Samwoods
    Posted February 03, 2011 03:51 PM

    Lets go to the rulings!

  26. Submitted by achokimog
    Posted February 03, 2011 03:50 PM

    am confident that Kenyan will get the best out of the constitution and Mr. speaker will make since into Kenyan politician that the constitution was not made for impunity but to better Kenyan both locally and internationally threatening Marende is not changing what is in Kenyan's heart and law

  27. Submitted by rkiplangat
    Posted February 03, 2011 03:50 PM

    I cant wait for a new crop of MPs. The current MPs were elected under the whole constitution and they are very partisan. I have a dream that one day the children of Kenya will hold hands and say ...we did it..

  28. Submitted by maahm1
    Posted February 03, 2011 03:46 PM

    Really there is no difference between odinga and Kibaki,Raila wanted Riada Omollo fro arole which itself is a breach of the constitution.This roles should be advertised and interviewed and the JSC recommends to the 2 best candidates for each role.There shouldn't be any agreement between the principles.Otherwise it is ridiculous.Odinga is also part of the problem.if he wasn't honest he should have said let every1 apply to JSC and may the best candidate get the job.

  29. Submitted by Leomwa
    Posted February 03, 2011 03:44 PM

    No serious professional wants to be hired without an interview. No job offers are done without application, short listing etc. When was this done or its done for the small fish and those not "connected"

  30. Submitted by jomolet_2000
    Posted February 03, 2011 03:43 PM

    otienoz if RAO is following the law then why should Marende contradict him? Think kenyan man! Marende if a level headed speaker whom I believe had never, has never and will never dance to the tune of anybody whose music is not played within the confines of the law. Whatever ruling Marende will deliver, I trust will b 4da good of our beloved country.I wish u well Mr. Speaker Sir!

  31. Submitted by Jaymmoh
    Posted February 03, 2011 03:38 PM

    otienoz u r a failure to uaself. pliz style up in ua way of reasoning dude! but thumbs up to mr. Imanyara for wat he has done....

  32. Submitted by Bobby2010
    Posted February 03, 2011 03:36 PM

    Without prejudice, is there anyone out there, who actually beleives Kibaki did the right thing? In my little organization, we can't even hire a tea person without the proper procedures. How can you hire the AG, CJ, PP and BD (with salaries over 1 million a month) without signed minutes? Give me a break, this is impunity at its worst form.

  33. Submitted by safarinostalgie
    Posted February 03, 2011 03:34 PM

    May the constitution win. It's simple, just do what the constitution says....or have the jobs advertised. Let's rise above our ethinicity and the two principals' inclinations. Go Kenya go!

  34. Submitted by chacha1105
    Posted February 03, 2011 03:26 PM

    Nation at the top of the game - keep it up nation media! love this

  35. Submitted by spring2011
    Posted February 03, 2011 03:24 PM

    Oh how i wish we had more of Gitobu Imanyara. Men who would stand up for the truth. Who would risk their lives for the sake of country. Men of integrity and sound minds. Imanyara deservesbig things, because he would build big things too. Men who would turn this country around, and put it in International map. Men who do not know tribe, whose tribe is Kenya. Bravo to Imanyara!!!

  36. Submitted by Tabuga
    Posted February 03, 2011 03:22 PM

    @NewKenya, why do you judge people by their names? What opinion, pray, would you expect an Otieno to have?

  37. Submitted by otuoma31
    Posted February 03, 2011 03:21 PM

    Please Nation update the feed. I am anxious!

  38. Submitted by kijiko
    Posted February 03, 2011 03:21 PM

    The hon. Mr. president is gonna dissolve parliament soon

  39. Submitted by oloofrank
    Posted February 03, 2011 03:19 PM

    Am holding my fingers crossed, NMG, good job

  40. Submitted by Boi49
    Posted February 03, 2011 03:18 PM

    Guys can i watch live proceedings via net?

  41. Submitted by otuoma31
    Posted February 03, 2011 03:09 PM

    NATION, You are number One! I don't have time to watch it on TV. I will stick in the office and read this.

  42. Submitted by Kamokoen
    Posted February 03, 2011 03:07 PM

    Thank you Hon. Imanyara for your candid and logical presentation of facts in support for respect and upholding of the Contitution. If all MPS were to put interest of the country first and stop political sycophancy, our country would be far. Keep up the good job. I am sure Marende will rule in favour of the Contitution.

  43. Submitted by otienoz
    Posted February 03, 2011 03:03 PM

    I wonder what all the anxiety is all about. Raila vowed the names would not get to the floor of Parliament and media and those condemning Kibaki didn’t interpret that to mean he was physiologically sending signals to Marende how to make a ruling. When has Marende ever contradicted Raila? I expect a verdict along that line. Kibaki should unleash Plan B after the names are rejected.

  44. Submitted by Boi49
    Posted February 03, 2011 02:57 PM

    well all expect the speaker to read the minds of Kenyans and satisfy their expectations

  45. Submitted by jfeo
    Posted February 03, 2011 02:54 PM

    Start on the right footing however slow that may take.

  46. Submitted by Mulaika_Mwega
    Posted February 03, 2011 02:41 PM

    Marende must consider that this circus have gone on so long. He must prove that there were no consultation and if there were if there was concurrence and if he throws the matter back to the principles he must bear in mind that they may disagre again while time for the new Katiba tickles away