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House is Kibaki`s next challenge in Kenya
2008-01-01 08:53:03
By Correspondent Owino Opondo
President Kibaki starts his second term in office without a clear majority of MPs in Parliament. The intrigues of a hung august House is a matter that his government has to immediately contend with to push through its legislative agenda.
Provisional results by the Electoral Commission of Kenya indicated that the number of Party of National Unity members in the Tenth Parliament is likely going to be 37, making it difficult for the Government side to push through its agenda in Parliament without seeking support from friendly and fringe parties.
On the other hand, the Orange Democratic Movement of Raila Odinga will be taking to the august House about 100 MPs; but that also does not give it a straight majority.
The Orange Democratic Movement-Kenya of Mr Kalonzo Musyoka had 16 MPs sail through by last evening, while Kanu had 11. Safina, which just like Kanu campaigned on the back of supporting President Kibaki`s re-election will have five MPs in the next Parliament.
Other small parties had also managed to send MPs to Parliament. They included National Rainbow Coalition (3), DP (2) Mazingira (1), PDP (1), PPK (1), NLP (1), Kaddu (1), UDM (1), PICK (1) , Sisi Kwa Sisi Party of Kenya (2), Narc-K (3), CCU (1), Ford-People (3) and Kenda (1).
Kenya has a total of 210 elected and 12 nominated MPs, respectively.
Promised the public
Political parties and presidential candidates had promised the public a raft of things they would do if they won the elections.
These include free secondary education, enhanced security, civil service pay increase, 24-hour economy, new constitution, fairer distribution of public resources, employment, water, commodity markets, and so forth.
These are weighty undertakings that will require resources from the Treasury. Yet others will call for sessional papers and Bills whose passage through Parliament would demand numbers.
For example, any constitutional amendment requires the nod of at least 65 per cent of the 222 elected and nominated MPs, excluding the Speaker of the National Assembly and the Attorney General who do not vote. That translates to 145 MPs.
This means, that for the government to pass a constitutional law, it required at least 65 per cent (145 MPs) of the total membership of Parliament to succeed.
Here, Mr Kibaki is likely to get support from those fringe parties who are friendly to PNU.
However, the reality of the standing of MPs` membership by yesterday means that President Kibaki has the option of using the provisions in the law to co-opt members from other parties to his Cabinet.
The Constitution allows the Head of State to appoint to his government any sitting MP regardless of party affiliation.
However, the Political Parties Act passed by the Ninth Parliament last October demands that the President must first get a written permission from ``any recognised national official`` of the party of an Opposition MP before he or she crosses the floor. Anything short of that would cost such a member his parliamentary seat, occasioning a by-election.
In the light of this provision, the President is likely to invoke the Constitution and appoint Opposition members as ministers and assistant ministers.
The Political Parties Act, by clarifying that permission be granted by ``any recognised party official`` provides a route for manipulation by the President to beef up numbers on the government benches and push through its Bills and related legislative agenda in Parliament.
Apart from MPs elected on fringe party tickets, those the Government is likely to approach to beef up its benches include ODM`s Mr Yusuf Chanzu who is the new MP for Vihiga, Mr Ali Hassan Joho of Kisauni and Mr Alfred Sambu who defeated Ford Kenya chairman Musikari Kombo to clinch the Webuye seat.
Mr Chanzu was a member of Narc-Kenya and moved to ODM just before the elections while Mr Sambu is a long time ally of President Kibaki since their days in the Democratic Party. Mr Joho is a business associate of close aides of President Kibaki.
During his previous term, President Kibaki responded to a walkout by the Liberal Democratic Party of Mr Raila Odinga when he appointed MPs from the opposition Kanu and Ford People to his government, enabling him to end his first five-year term without any parliamentary hiccup.
He introduced the Government of National Unity (GNU) in 2004 when LDP rebelled claiming it had been short-changed.
That worked for the government, and it pushed through Parliament a number of Bills and lent it some semblance of peace to concentrate on its legislative and development agenda.
However, GNU became a hydra whose members largely seemed not to have been reading from the same script. Ripples of discontent came to the fore when some GNU members put unique demands on President Kibaki`s table.
The schisms persisted even after Mr Kibaki cobbled the Party of National Unity. What was meant to be a single front to campaign for President Kibaki`s turned out to be an amalgam of regional political chiefs who only helped throw his campaigns into disorder.
Again, some PNU members pulled out and receded to the cocoons of their parent political parties.
The other strategy the next government could use to shore up support for its Bills in Parliament is entering into one-off agreements with fringe parties whenever the need arises to push through its legislative agenda.
On the other hand, ODM qualifies to become the Official Opposition in Parliament, and is expected to keep the government under check.
Fringe parties
On its benches to the left of the Speaker will include hard-talking ODM members who are likely to be joined by three MPs elected on the ticket of Charity Ngilu\'s Narc and a number of fringe parties and additional members it will be allowed to nominate.
Parties nominate members to Parliament depending on their majority in the House. In the Tenth Parliament, ODM will be given the highest slots.
On top of the next Parliament`s agenda as it begins business will be the election of the Speaker of the National Assembly. The holder of that office is picked by two-thirds of MPs.
Mr Francis ole Kaparo was the Speaker of the previous Parliament and was known for his firm decisions and witty rulings that sometimes baffled even those who thought he was on the side of the government.
He did not vie for a parliamentary seat but commanded respect across the floor.
It is not clear whether or not Mr Kaparo will be running for the Speaker`s seat.
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