Cabinet Secretary nominee for Defence Aden Barre Duale has been allowed to sit in the National Assembly as the House votes on approval of President William Ruto’s top picks.
The matter came up after Saku MP Dido Raso raised an issue with temporary Speaker Farah Maalim on what the presence of Mr Duale meant when the House was discussing his and 23 others’ suitability to serve in the Cabinet.
“Is it in order for Hon Duale to sit in the House when he is one of the subjects of discussion? Please inform the House, Mr Speaker, whether that is in order,” Mr Saku asked Mr Maalim.
Mr Maalim, the Daadab MP who is in the chairperson’s panel, quickly ruled in favour of Mr Duale’s presence in the House, saying the Garissa Township was still a duly elected legislator until such a time a vacancy is declared as such by the Speaker.
“Duale is a member of the House for Garissa Township constituency. Only after the Speaker of the National Assembly declares his seat vacant—only after then—shall he cease to be a member of that constituency,” Mr Maalim ruled.
According to precedence, Mr Maalim ruled, an MP who has been nominated to join the Executive can still sit and listen to the House proceedings but they cannot contribute or take a vote on a matter before the issue.
Mr Duale defended his presence in the House, saying while he will not contribute to the Cabinet nominees’ approval motion, he had every right to sit in the House.
“Until this House approves me (as a Cabinet Secretary), I am an MP. Only until the moment I hear that this House has approved me, and there is a swearing at State House, then I will send my letter of resignation to the Speaker. I cannot contribute to this approval motion, and I cannot vote, but I have the right to sit and listen on behalf of the people of Garissa Township,” Mr Duale said.
“Later in the afternoon, if this House so approves me, allow me to make an exit speech before I leave the Legislature and join the Executive,” Mr Duale said.
Members of the Chairperson’s panel assist the Speaker and the Deputy Speaker in presiding in the plenary. Other than Mr Maalim, others in the Panel in the 13th Parliament are Martha Wangari (Gilgil), Dave Ochieng (Ugenya), Emuhaya MP Omboko Milemba, Peter Kaluma of Homa Bay Town, and Kitui South MP Rachel Nyamai.
