Government business in the National Assembly will likely be affected after the High Court nullified President William Ruto’s Kenya Kwanza as the majority coalition in the House unless a stay of execution is granted by the Court of Appeal.
The court, while making its decision, did not indicate the timeline within which its orders are to be adhered to, though city lawyers Charles Kanjama and David Ochami noted the assumption is that the court ruling takes effect immediately.
Soon after the judgment was delivered, the National Assembly sought a stay of 45 days, which was declined by the court.
“There will be several changes unless the Speaker gets orders at the Court of Appeal,” said Senior Counsel Kanjama.
“The Leader of Majority normally moves government business in the House and this may become unworkable with the court judgment.”
Key among the government business expected in the House this week as it resumes sittings tomorrow after Christmas recess is the Budget Policy Statement (BPS) that is expected to be presented in Parliament by the National Treasury by February 14.
The Public Finance Management (PFM) Act states that the National Treasury shall submit the BPS to Parliament by February 15 of each year.
But February 15 falls on a Friday when the House does not sit, so the policy statement will be submitted a day earlier for the onward communication to members by the Leader of Majority.
Under the pure presidential system of government, Parliament is supposed to work as a unit or in a bipartisan manner with the mandate that includes providing oversight over the other two arms of the government — the Executive and Judiciary.
“In such settings, when the Leader of Majority or assigned member of the party or coalition forming government moves a government business, the seconder is supposed to come from the party or coalition not forming the government and vice versa,” says Mr Ochami.
“But this is largely not how things are done in the Kenyan Parliament. We have seen situations where the Leader of Majority is moving every government business while appointing a seconder from his own party or coalition to second the matter.”
While the court judgment does not alter the fact that President Ruto’s UDA has superior membership in the House, it assigns Azimio coalition the majority membership in the House committees. The only variation is that the loyalty in terms of MPs whose parties “ditched” the Azimio coalition associated with opposition leader Raila Odinga for the President's coalition, will not change.
“It means that the departmental committee chairs would be assigned to the Azimio coalition including the majorities in the committees,” said Mr Kanjama.
But the biggest conundrum that the House faces is its desire to purge disloyal committee chairpersons and members perceived to be sympathisers of impeached Deputy President Rigathi Gachagua.
Standing Order 172 (1) of the National Assembly Standing Orders establishes the Committee on Selection chaired by the Leader of Majority.
But with its leadership doubtful, the committee tasked with placing members in House committees, save for the House Business Committee and the Committee on Appointments, may not work.
Never mind that it is the only committee whose vice chairperson is not provided for in the House Standing Orders.
“There shall be a select committee, to be designated Committee on Selection, consisting of the leader of the majority party who shall be the chairperson,” the House Standing Orders state.
Other than the Leader of Majority, the committee consists of the Leader of Minority and “not more than 21 members, who shall be nominated by parliamentary parties and approved by the House taking into consideration the interests of parties other than parliamentary parties and Independents.”
Kiharu MP Ndindi Nyoro, the chairperson of the Budget and Appropriations Committee (BAC), is among MPs targeted for removal from their positions for either siding with the impeached DP or not towing their Kenya Kwanza script.
Mr Nyoro skipped the House sitting on October 8, 2024 during a vote on the impeachment motion of Mr Gachagua.
The budget committee plays a critical role in approving budgetary allocations to various government Ministries, Departments and Agencies (MDAs).
Other than Mr Nyoro, the other committee chairs targeted in the scheduled committee leadership purge include the vocal Githunguri MP Gathoni Wamuchomba (Constitutional Implementation and Oversight Committee), Ndia MP George Kariuki (Transport and Infrastructure) and Embakasi North MP James Gakuya (Trade, Industry and Cooperatives).
The others are Emurua Dikir MP Johanna Ngeno (Housing, Urban Development and Public Works), Mwala MP Vincent Musyoka (Energy), Kipipiri MP Wanjiku Muhia (Regional Integration), Kitui East MP Nimrod Mbai (Public Petitions) and Maara MP Kareke Mbiuki (Tourism and Wildlife).
Kimilili MP Didmus Barasa (UDA), the Vice Chairperson of the Transport and Infrastructure Committee, was categorical that change including reorganization of committees “is inevitable especially when the House is in midterm.”
“The broad-based government that we now have must be reflected within the leadership of the House committees. This is one of the reasons that the committees will be reorganized,” said Mr Barasa.
The committees on budget, energy, transport, housing and trade are some of the most sought-after committees by members ordinarily at the start of the first session of the House usually after a general election.
The Kimilili MP revealed that the planned reorganization of the House committees was informed by the recently concluded National Assembly retreat in Naivasha “that assessed performance of among others, committee chairpersons.”
“It has been more than two years now and the House hasn’t reorganized its committees. As part of reengineering the National Assembly to ensure that it delivers services to the people, this change is necessary and as a House we will support it regardless of the likelihood of casualties,” the Kimilili MP said.
