16 January 2008
Nairobi — Opposition MPS expressed displeasure at the wording of the oath of allegiance.
Ugenya's James Orengo stood first to oppose the wording of the oath, arguing that it undermined the constitution. He said the sovereignty of the Republic of Kenya was in the people but not the president.
"Where in the world do people swear allegiance to the president and not the republic? There is contestation as to who is the president of the republic of Kenya, and this House has to sort out that matter," Mr Orengo said.
He went on; "In the eyes of the people of Kenya, the president is Raila Odinga. In the words of the ECK chairman Samuel Kivuitu, he does not know the president. Do I swear to Kibaki or Raila?"
But Orengo's arguments were opposed by Justice Minister Martha Karua, who said it was, indeed, the president who summoned the first session of the 10th parliament.
"The presidency is an institution and it instituted once the president has been declared by the ECK and sworn in to office.
"Until a court of law rules otherwise, Mr Kibaki is the president," Ms Karua said, and urged those questioning the validity of Mr Kibaki's presidency to go to court.
She was supported by Mbooni member Mutula Kilonzo (ODM-K), who accused Mr Orengo of misleading the house by reading the constitution selectively.
Mr Kilonzo said the executive authority of the government of Kenya shall be vested in the president.
"Mr Kibaki has been sworn in as the president and there's no one challenging that in court. It is embarrassing to subject a president who has been elected and sworn in to sitting on any other chair. Mr Orengo should be ruled out of order."
Mr Otieno Kajwang (Mbita ODM), said the wording of the oath was wrong and should be amended to agree with the constitution.
Vice President Kalonzo Musyoka told the House that the speaker and the deputy had taken the oath of allegiance according to parliamentary traditions and it will be unfair for the rest of the members not to do so.
"Mr Orengo position is plausible, but we cannot hold this country to ransom. As part of the healing process, let us proceed and those matters can be handled by the house later."
However, Prof Anyang Nyongo (Kisumu Rural, ODM), said Mr Kibaki was not good at respecting traditions.
"Swearing-in is an important event; it is like baptism and must be done properly."
Foreign affairs Minister Moses Wetangula said Mr Orengo's arguments were invalid and had no basis in law or fact. "The Ugenya's member's position was only aimed at wasting the time parliament."
Energy Minister Kirairu Murungi said the speaker was being called upon to swear in Mr Kibaki as MP for Othaya but not as president.
Attorney General Amos Wako said: "When you talk about the president, you are not talking about Mwai Kibaki but the institution. Our constitution fuses the head of State and the Head of Government."
Mr Kibaki, Wako explained, had summoned parliament as the Head of State but not of the government. "Judicial notice is taken in court but not here. This oath is to not any person, while the Head of State is the symbol of unity in this country. Who is going to amend that (oathing) law, unless you are sworn in and become MPs?"
The speaker then made a ruling and reminded members that MPs have been taking the oath since 1958 and that Kenya's parliament had lived with it over the years.
Mr Marende said: "This is an act of parliament that provides the form of the oath." With that, the speaker led President Kibaki in to taking oath of office as Othaya MP at 10.40 pm. Other MPs took the oath thereafter.
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