Jubilee Should Do Away With Speaker Muturi Before Its Late

[nowayhaha]

The biggest question lingering amongst Jubilee supporters and to an extent the Kenyan population is if National Assembly Speaker is the Achilles heels in the Jubilee coalition and the Jubilee Government cohesion. The manner in which he has carried himself and parliaments business leaves a lot to be desired especially in comparison with the former speaker Marende although an ODM nominee and ODM aligned Speaker still was able to create an image of a statesman and also the then so called G7 alliance (now Jubilee) were able to get their way and also had most of their bills go through(remember the pre-election coalition debate in the parliament where Jubilee carried the day.)

Well its evident that Muturi knowingly or unknowingly is hell bound in bringing down the Jubilee coalition by the manner he handles situations pitting National Assembly and other constitutional bodies which requires his leadership (if he has any) before things go out of hand.

First it was the County bill which brought the Senate and National assembly heads on and almost tore Jubilee coalition apart if it was not for the intervention of Ruto who made the Jubilee Governors and Senators do an about turn and abandon the calls of a referendum being routed by CORD/ODM with a goal of destabilizing the government and set stage for the downfall and eventual defeat of the Jubilee coalition in the 2017 General elections.
www.standardmedia.co.ke/?articleID=2000084292

Second is the handling of Shollei saga which has now brought the Judiciary and National assembly at longer heads and has now thrust the President into the saga. Did it have to go overboard to a situation where it required the Presidents intervention? All along as the saga was simmering we were hoping it wont reach a situation where Uhuru and Ruto would be dragged in as this would boil down to overall politics and thus would bring some political tensions in Jubilee coalition.

www.nation.co.ke/news/politics/Leaders-want-JSC-members-to-face-tribunal-over-Shollei-saga-/-/1064/2067276/-/79ujl8/-/index.html


Its an open secret that Muturi is close buddy to Uhuru since their days in KANU as opposition but in politics one needs to be wary of friendship and politics and most often the marriage does not work , remember the decision of Karume to abandon Kibaki for Moi in 2002 (wrong move)and Muhoho to abandon his blood nephew Uhuru in 2002 for Kibaki (right decision ) .Muturi thinks that by siding with MPs in everything be it unethical or unconstitutional he is rest assured that he wont be censured and that the Mps will be in his pockets . He has even gone to an extent where he is dismissing the president forgetting that the Jubilee Mps owe their allegiance and positions due UhuRuto and CORD/ODM mps given an opportunity would make sure he is retired as the speaker of national assembly not talking about the common mwananchi who see him as daft and would care less if he thrown out as the National assembly speaker .

www.africaintelligence.com/insiders/ION/KENYA/2012/12/18/scion-of-a-powerful-family/107927813-BE1

UhuRuto should reign in the Jubilee Mps to showcase who is running the nation. This is where Kibaki errored and culminated to almost an election loss for PNU/Narc back in 2007 , furthermore in as much as the MPs might be calling the shots using parliamentarian bodies/committees and floor they are not as popular as they imagine and pretend to be and most of them managed to make their way to parliament due to UhuRuto and UhuRuto political vehicles and on the same note majority of them wont make it back to parliament in 2017 but if not reigned on they might cause disunity in Jubilee which might culminate to mistrust between the Jubilee supporters and erode on Jubliee numbers /strongholds.Some of the goings might take a snowball effect and before UhuRuto realizes the ground would have shifted and might be forced by circumstances to make some political considerations and decisions which they had no intentions to make aka Ruto supporting Raila in 2007 after he saw RV voters rejecting his preferred candidate Kalonzo and Uhuru having to cross the floor and support Kibaki in the 11th hour though he was all along in the Orange movement . They should avoid this at all costs and the first step is doing away with Speaker Justin Muturi .

www.nation.co.ke/news/politics/A-rogue-Parliament-or-public-watchdog/-/1064/2067304/-/wrjjvm/-/index.html

[nowayhaha]

Stern test for Uhuru over MPs, Judiciary row
By EMEKA-MAYAKA GEKARA
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President Uhuru Kenyatta is facing a major test over the all-out battle between Parliament and the Judiciary that threatens to explode into a full-blown constitutional crisis.

The President will have to decide whether to sail with the political winds blowing from Parliament and appoint a tribunal to investigate six members of the Judicial Service Commission (JSC) as demanded by MPs or put the quest on hold.

Mr Kenyatta will have to face the reality that the Judiciary would practically grind to a halt should he appoint the tribunal. The JSC is composed of 11 members, and should the six be suspended, the Judiciary would be unable to conduct business since the remaining five members cannot legally take binding decisions.

But President Kenyatta can choose to take a middle path as proposed by the Commission for the Implementation of the Constitution (CIC), which recommended that he convene a meeting to reconcile the two arms of government and find a workable solution.

The dispute arose from investigations into the conduct of Judiciary’s Chief Registrar Gladys Boss Shollei who has since been sacked. Mrs Shollei has rejected accusations of wrongdoing and gone to court to challenge her sacking.

When the row between her and the JSC broke out, Mrs Shollei rushed to Parliament to defend her position. The Parliamentary Committee on Justice subsequently summoned the JSC, but the members balked, citing the independence of the Judiciary.

Parliament went on the warpath and on Thursday passed a motion asking the President to have the six JSC members investigated for gross misconduct.

Any such action by Mr Kenyatta would force the six to step aside until they are cleared or otherwise judged.

To complicate matters, the Judiciary has disclosed that it is facing a Sh2.5 billion budget deficit and will soon be approaching Parliament for a supplementary budget. With the current bad blood, it is likely MPs may reject the request, which would further push the Judiciary into dire straits.

CIC chairman Charles Nyachae has faulted both institutions over the ongoing turf wars and said that JSC breached the law by refusing to honour parliamentary summons. The Nyachae commission has also faulted House Speaker Justin Muturi for ruling that Parliament cannot act on court orders.

“In view of the gravity of this matter, we have separately written to the President to convene an urgent meeting of all the heads of the concerned institutions and any other parties he may deem necessary to discuss possible solutions to this emerging crisis so that it can be arrested before it irredeemably compromises the rule of law and the constitutional implementation process,” Mr Nyachae said.

NULL AND VOID

A source familiar with the thinking in the JSC told the Sunday Nation that the commission will prosecute the matter to the Supreme Court if the President sets up a tribunal to investigate its members.It holds that Parliament’s decision is null and void and amounts to disobedience of the ruling by High Court judge George Odunga blocking it from initiating a process to remove the six commissioners.

They support the argument by Justice Odunga that though the Judiciary cannot interfere with Parliament’s legislative and oversight roles, which includes supervision of commissions, courts can intervene in case MPs engage in what he described as “quasi-judicial” activities.

These include investigations into the conduct of state officers.

“Parliament’s resolution for removal of JSC members is ultra vires (beyond its legal power or authority). It was a breach of a court order and, therefore, null and void,” said the source.

“The Constitution is clear that the Judiciary is the organ mandated to arbitrate disputes. That is why neither Parliament nor the Executive can overrule or overturn a court decision,” said the source who requested anonymity because he is not authorised to speak on behalf of the JSC.

The other challenge, he said, was the fact that some commissioners were judges of superior courts whose actions should not appear to be supervised by the Legislature due to separation of powers.

In his November 6 ruling in a petition seeking to stop the House Committee on Legal Affairs from proposing any action on the JSC matter, Judge Odunga said the High Court had powers to supervise any authority undertaking investigations.

“A departmental committee of the National Assembly when exercising quasi-judicial powers as opposed to legislative powers is subject to the supervisory jurisdiction of the High Court,” said the judge who cited Article 165(6) of the Constitution.

SUPERIOR COURT

“The High Court has supervisory jurisdiction over the subordinate courts and over any person, body or authority exercising a judicial or quasi-judicial function, but not over a superior court,” he emphasised.

Justice Odunga indicated that though House committees are assigned the powers of the High Court in summoning witnesses, that power “cannot be interpreted to equate a House to the High Court in the exercise of judicial authority”. He said Article 165(3)(d) of the Constitution gives the High Court powers to inquire into any unconstitutional actions of the Speaker and other House officials.

Mr Muturi had earlier ruled: “Under a constitutional provision declaring that each House shall determine the rules of its proceedings, the fact that a House acted in violation of its own rules, or violation of parliamentary law in a matter clearly within its power does not make its action subject to review by the courts.

“In this regard, it is urged that, should a court clothe itself the powers of the legislature and purport to make determination on matters relating to procedures of a House or the Houses of Parliament and, therefore, question the supremacy of Parliament, then such a determination would only be in vain.

I doubt any court worth its salt would want to travel that route.”

www.nation.co.ke/news/politics/Stern-test-for-Uhuru-over-MPs-Judiciary-row-/-/1064/2067264/-/wn33e4z/-/index.html

[kamalet]

Muturi may not be the smartest speaker we have had in Kenya and he fits in the company of failures such as Marende who thought that playing politics for his masters would make him a smart speaker. It is the same mistake that Muturi is making. He is playing by the numbers his coalition has in the house and does very little guiding!

Which is why he needs to seek the help of old man Kaparo who despite being a KANU speaker in the time of misplaced multi-partyism always found time to offer guidance to the house on how to navigate situations such as those facing our parliament today.

[nowayhaha]

Uhuru to broker Parliament, Judiciary truce
By JOSEPH MURAYA | November 13, 2013


President Uhuru Kenyatta's spokesperson and Communication Secretary Mr Manoah Esipisu addresses the media at State House Nairobi/PSCU

President Uhuru Kenyatta’s spokesperson and Communication Secretary Mr Manoah Esipisu addresses the media at State House Nairobi/PSCU
NAIROBI, Kenya, Nov 13 – President Uhuru Kenyatta is set to call a meeting this week with Chief Justice Willy Mutunga and the National Assembly Speaker Justin Muturi to discuss the stalemate between the National Assembly and Judiciary.

State House Spokesperson Manoah Esipisu said the President was committed to ensure both arms of government work on a common ground.

Addressing journalist on Wednesday afternoon at State House Nairobi, Esipisu said the President will ensure a deliberative approach was reached to solve all contentious issues.

“The National Assembly has asked the President to form a tribunal under Article 251 (1) of the Constitution to investigate the six members of the Judicial Service Commission,” he pointed out.

He said the President as the symbol of unity and also, “the protector of the Constitution, acknowledges and enhances judicial independence and the National Assembly as part of the legislature and exerciser of Kenya sovereignty.”

“President Kenyatta will urge the Chief Justice and the House Speaker to embrace the need for restraint and a deliberative approach to problem-solving at the meeting, which will take place before the weekend,” he assured.

He said the President had however appealed to the National Assembly to act with restraint even as they deal with their constitutional obligations.

“The President believes that if institutions focus on the principles of governance from a purposive angle, most disagreements and controversies would give to consensus,” he said.

Esipisu pointed out that the decision to convene the meeting is in line with the President’s constitutional mandate of unifying the country and ensuring a consensus based approach to national issues.

The National Assembly on November 7 adopted a report recommending that President Kenyatta appoints a tribunal to investigate six Judicial Service Commission (JSC) Commissioners, in a bid to eject them from office.

In its findings, the Justice and Legal Affairs committee of the National Assembly recommended that President Kenyatta names a tribunal to investigate commissioners Ahmednasir Abdullahi, Reverend Samuel Kobia, Christine Mango, Justice Mohamed Warsame, Emily Ominde and Florence Mwangangi.

The adoption of the report came a day after the High Court warned Members of Parliament against debating the report until the matter is heard and determined by the courts.

But Speaker Muturi had said the courts should not interfere with the workings of the National Assembly.

“Parliament cannot pass a resolution here saying criminal ‘A’ appearing before this or that court should be acquitted. Similarly, it is Trite Law that the courts cannot and must not direct what this House does. That I will defend to the hilt,” Muturi had said after Kisumu West Town MP Olago Aluoch sought his guidance.

“It has never happened that someone in their right mind would take the Parliament of the Republic of Kenya to court for exercising it oversight role,” Muturi said.

MPs seemed exasperated by the fact that the JSC had on two occasions snubbed the committee’s summonses to appear and respond to the allegations contained in the petition filed by one Nicholas Riungu.

MPs said the JSC had flouted a directive by Muturi which ordered that anyone who is summoned by a House Committee ought to personally appear and plead to have the matter rescheduled.

Earlier on Wednesday, Law society of Kenya Chairman Eric Mutua had also urged the President to convene a meeting between Parliament and the Judiciary.

He said this will bring a common understanding of the legal issues facing both arms of the government.

The lawyers’ society also urged the President not to form a tribunal saying the Justice and Legal Affairs Committee reached its conclusion in a skewed manner.

“The process itself was tainted with illegality and it contravenes the constitution itself; we must go with what the constitution provides…there is no room for a tribunal,” he said.

On the same issue, Constitution Implementation Commission Chairman Simon Nyachae echoed the same words but added that JSC had a constitutional obligation to appear before parliamentary committees.

He however said Parliament had no mandate to direct JSC on what to do as they are both independent.

www.capitalfm.co.ke/news/2013/11/uhuru-to-broker-parliament-judiciary-truce/

[nowayhaha]

The Speaker who believes his opinions are the law and truth
www.nation.co.ke/news/politics/The-Speaker-who-believes-his-opinions-are-the-law-and-truth-/-/1064/2076156/-/bcg932/-/index.html

National Assembly Speaker Justin Muturi.

National Assembly Speaker Justin Muturi. NATION MEDIA GROUP
In Summary

Six days after the Supreme Court ruled on the tussle between the Senate and the National Assembly over the Division of Revenue Bill, Mr Muturi held that the verdict, seen as key to determining the role of the Senate, would have no implications over the House he runs.
Justice George Odunga had issued orders that Parliament should not discuss the petition by Mr Riungu Nicholas Mugambi or present a report to the National Assembly over the matter.
The Speaker caused laughter the following day when he said two MPs were kissing in the chambers.
On some occasions, the Speakers are confronted with a situation where too many members want to speak on an issue, and have repeatedly indicated that it is not always possible to have all members speak.


To the Senate, the matter of how the two Houses would determine yearly revenue allocation to counties was settled by the Supreme Court a fortnight ago.

But in the mind of National Assembly Speaker Justin Muturi, the Supreme Court has no right to interfere with matters in the Legislature.

Six days after the Supreme Court ruled on the tussle between the Senate and the National Assembly over the Division of Revenue Bill, Mr Muturi held that the verdict, seen as key to determining the role of the Senate, would have no implications over the House he runs.

“Whatever the court said is their own position as we are going on with the business of making laws and we know what we are supposed to do as we are guided by the Constitution,” the Speaker said.

He would reinforce the statement later that day as MPs debated the report of the Justice and Legal Affairs Committee recommending that the President appoints a tribunal to investigate six members of the Judicial Service Commission a petitioner wants removed from office.

Justice George Odunga had issued orders that Parliament should not discuss the petition by Mr Riungu Nicholas Mugambi or present a report to the National Assembly over the matter.

Without an MP asking him for a ruling, the Speaker declared that “it has never happened that somebody in their right minds would take the Parliament of the Republic of Kenya to court.”

With that, Mr Muturi effectively declared that the National Assembly would not listen to anybody else.

His disdain for the Senate was evident last Thursday when Majority Leader Aden Duale informed members of the joint committees on Equal Opportunity and that on Broadcasting that elections for their leaders would be held next Thursday regardless of the possible absence of Senators.

Eight months later, those two committees remain moribund because the two Houses cannot agree.

CONDUCT ELECTIONS

“I hope our colleagues from the counties will also have time from their busy schedule in the counties. The Senate had no sessions the last two days because they were busy in the counties so I hope that next week, they will be in the city and help our colleagues from the National Assembly to conduct their elections for the two joint committees,” Mr Duale said.

The Speaker then chipped in: “Of course people must perform their roles as provided for in the Constitution, including visiting the villages. We need quality pre-primary schools and when, as a country, we can’t debate at the national level, the debate must be informed. I think it’s a worthwhile venture that they are involved in,” he said.

Dr Adams Oloo of the Institute of Development Studies at the University of Nairobi says that while the Speaker rightly claims the separation of powers makes him right, the more appropriate doctrine here ought to be mutual control and accountability.

“The Speaker has so far, according to me, appeared activist. He sees himself as the leader and defender of Parliament,” he said.

While they have been uncomfortable with the way the Speaker handles them in the chambers, some Cord MPs have elected to complain quietly for fear the Speaker would use his privileges to hit back.

With a direct role in the approval of requests for statements, approval for trips abroad, the paying of per diems for those trips plus his role as chair of the powerful Parliamentary Service Commission, the Speaker is virtually untouchable.

Privately, many MPs admire the manner in which he dealt with the Salaries and Remuneration Commission in the negotiations for increased pay at the start of the current session.

This ended with MPs earning better than their predecessors and the SRC sufficiently subdued.

The natural thing has been to compare Mr Muturi with Kenneth Marende, his predecessor, and the man he beat at the elections for the position.

“You cannot compare this Speaker to the previous one. Mr Marende used to make very reasonable opinions so that even if you disagreed with a ruling, you’d be persuaded by its logic. This one picks up the law and reads the word without the spirit,” said Dr Oloo.

So concerned has the Executive become about the National Assembly’s stubbornness that the President, through his spokesman, has expressed a need for the Chief Justice to meet the Speaker.

Some Cord MPs feel he is unfair to them and rarely gives them a chance to contribute to debate. He has also been rather harsh with some, such as Kibra MP Kenneth Okoth, who he told on Wednesday last week: “This is not Kibera. You should not shout across the House.”

KISSING IN CHAMBERS

The Speaker caused laughter the following day when he said two MPs were kissing in the chambers.

The Hansard recorded him saying, “Hon Members, those of you who are kissing – the new Member for Kibwezi East, stop kissing in the House or whatever it is that you are doing with the Member for Kikuyu, who has just walked out. That kind of embrace is uncalled for.”

Those who spoke to the Sunday Nation, however, recoiled when asked to go on record requesting not to be quoted for fear of what retribution may follow them to the House.

“Honestly we are frustrated. I can’t go on like this,” lamented one of the upset MPs.

At some point the aggrieved MPs had considered a motion of no confidence in Mr Muturi after claiming that he had become intolerable. He had also thrown journalists out of the media centre.

There are claims by some members that the Speaker has openly insulted them and told them off “like kids”.

They have also claimed the Speaker openly takes sides on some issues and sometimes appears to be giving a contribution to matters before the House.

On Thursday last week during debate on the Justice and Legal Affairs report of the Judicial Service Commission, several members claimed that they tried in vain to catch the Speaker’s eye throughout the period of debate.

ELECTRONIC SYSTEM

In the past, catching the Speaker’s eye meant standing up immediately a member finished contributing. The Speaker would then pick any of the members standing.

With the introduction of the electronic system, however, members insert their electronic cards and press the relevant buttons to seek the Speaker’s attention. It is the Speaker’s discretion to allow any of the members to contribute.

The Speaker and his Deputy, Dr Joyce Laboso, have previously indicated that it can be difficult handling the numerous requests coming to the chair.

On some occasions, the Speakers are confronted with a situation where too many members want to speak on an issue, and have repeatedly indicated that it is not always possible to have all members speak.

The Speakers indicate that they also find themselves in a tricky situation where they are expected to balance party, regional and gender representation within given time limits.

Just last week, the Speaker threw back at Mbooni MP Kisoi Munyao some papers he had tabled during debate on the Land and Delegated Legislation committees’ joint report on irregular appointments by Lands Cabinet Secretary Charity Ngilu.

It is on this particular day that Mr Muturi commented: “I can see several members looking at me as if I have committed the biggest sin on earth,” after some members openly displayed their dejection at not getting a chance to speak on the matter.

Some MPs have been heard complaining about suffering ridicule in the Speaker’s office where they had gone with requests for approval of statements or matters they intended to raise on the floor of the House which required the Speaker’s approval.

One MP claimed the Speaker tore into pieces a request he had presented to him in his office for approval and gave him a reprimanding lecture.

[nowayhaha]

Speaker under fire over conduct in Parliament
www.standardmedia.co.ke/m/index.php?articleID=2000097890&story_title=Speaker-under-fire-over-conduct-in-Parliament

By Stephen Makabila

National Assembly Speaker Justin Bedan Njoka Muturi is on the spot owing to scathing public attacks against him over the manner he has been handling affairs of the National Assembly.

But Muturi, the 7th Speaker of the National Assembly, is firm and unmoved by his critics, saying his role is clear— to lead the House as per the rules. “I will only be worried if I was not performing my role in Parliament in accordance with the rules of the House and the Constitution,” Muturi told The Standard on Sunday.

Within the last one week, CORD Raila Odinga and Meru Governor Peter Munya have had no kind words for Muturi.

Raila last weekend while addressing a public rally in Migori said Muturi had grown horns and needed to be challenged.

Raila castigated Muturi for allowing MPs to discuss a Motion that would form a tribunal to investigate six members of the Judicial Service Commission (JSC).

“Muturi should not lead a rogue House that is overstepping its mandate by threatening the courts’ independence,” Raila said.

Two days later, Munya criticised Muturi over his claim that the recent Supreme Court ruling on Division of Revenue Act has no impact on the MPs’ decision.

Munya, who spoke during a Meru Bar Association Dinner in Meru town, said the Speaker’s stance could lead the country into a constitutional crisis. “I don’t like the direction and manner in which Speaker Muturi is leading the National Assembly. The arrogance we see in the Speaker should be tamed,” he said. Muturi and Chief Justice Willy Mutunga are supposed to meet President Uhuru Kenyatta over hostilities between Parliament and the Judiciary.

The meeting, whose date has not been set, will discuss recent resolutions passed by Parliament asking the President to set up a tribunal to investigate the conduct of six members of JSC, and which has elicited opposition from CORD leaders.

Muturi has also come under criticism from the CORD in recent months for allegedly favouring Jubilee allied MPs in the House.

In July for example, MPs allied to CORD had plotted to introduce a Motion in Parliament to discuss the conduct of Muturi, whom they accused of showing open bias and disrespecting them.

The legislators had then accused the Speaker of shouting them down or ignoring them when they seek to contribute to debates or Motions.

A CORD MP told The Standard on Sunday Muturi had a fixed mind during the debate on Lands Cabinet Secretary Charity Ngilu, and that he wanted the report on the minister to be adopted. “The Speaker had a fixed mind and his body language could tell it all throughout the debate,” said the MP.

Muturi, who chairs the Parliamentary Service Commission (PSC), says he will not be bothered by public attacks against him.

Muturi added what Raila and other leaders say against him were only meant to excite their supporters. “They can speak but I will continue to do what I must to do under the Constitution,” added Muturi.

In March this year, Muturi was elected Speaker of the National Assembly. Muturi of Jubilee garnered 219 votes beating his rival Kenneth Marende of CORD who managed 129 in the second round of voting.

In his acceptance speech, the Speaker said his victory was for all Kenyans. “As I take over the role of the Chair of the Parliamentary Service commission, I urge all to continue with the work of facilitating discharging duties,” said Mutur