Bernard Namunane
17 January 2008
Nairobi — Kenyans watching the televised proceedings of the first business of the 10th Parliament on Tuesday and the early hours of Wednesday must have been struck by the contrast between the easy camaraderie among MPs on both sides of the House and the tense political climate that has dominated the country for the past few weeks.
The MPs were all smiles as they met for the first time in Parliament since the General Election, whose presidential results have been disputed and have caused violence and death in many parts of the country.
The excitement and spirit of mutual triumph on both sides of the House were in stark contradiction to the mayhem that has rocked the country after the Electoral Commission declared that Mr Kibaki had won the presidential election.
However, the commission admitted flaws in the tallying of the results.
ODM and election observers have complained of differences in some of the final results announced by commissioners and those read out at the constituencies.
Violence exploded
More than 500 people been killed in protests that followed the controversial announcement as violence exploded in several parts of the country, including Eldoret, Kericho, Molo, Burnt Forest, Kisumu and parts of Nairobi.
It must have appeared strange for Kenyans watching the live transmission as opposition and government MPs hugged and exchanged jokes and pleasantries on the floor of the House.
From the Press Gallery above the seats of the Speaker and the President, Runyenjes MP Cecily Mbarire, who was elected on a PNU ticket, could be seen giving a warm hug to her former lecturer Hellen Sambili, who was elected on an UDM ticket in Mogotio. UDM is linked to ODM.
Televangelist Margaret Wanjiru, the new Starehe MP on an ODM ticket, shook hands with half of the front bench.
Others who appeared happy to meet in the august House, judging by their hearty handshakes and animated conversation, were new Public Service minister Asman Kamama, Nambale MP Chris Okemo, Buret representative Franklin Bett, Information Minister Samuel Poghisio and assistant minister Aden Sugow.
But that was not the case between President Kibaki and his chief protagonist, Mr Raila Odinga.
Exchanged greetings
Mr Odinga walked into the House at 2.35pm, shortly before the President and National Assembly Clerk Samuel Ndindiri.
His entry was met with cheering from the opposition and he took the seat reserved for the Leader of the Official Opposition. He and MPs on the opposition benches remained seated as the rest of the House stood to acknowledge the presence of the Head of State.
Although Mr Odinga cast his vote immediately after the President the five times the House balloted to pick the Speaker and his deputy, the two neither exchanged greetings nor looked at each other.
Even when President Kibaki went to sign the nominal roll after taking the oath as the member for Othaya at a table a short distance from where Mr Odinga sat, there was no attempt from either of them to ease the tension.
The Lang'ata MP skipped the phrase on allegiance to the President when he took the oath. His omission was successfully emulated by ODM secretary general Anyang' Nyong'o but Ugenya MP James Orengo was stopped from following suit by Speaker Kenneth Marende after Justice and Constitutional Affairs minister Martha Karua raised a point of order.
Mr Orengo had set the pace for the controversy when he disputed the phraseology of the oath, faulting it for giving priority to the President over the Republic of Kenya.
He argued that the oath should be amended to ensure the word Republic came first.
The Ugenya MP argued that the oath, in its current form, assumed damning dimensions "given that the re-election of Mr Kibaki is in contestation".
"Although the member for Othaya is sitting in the seat of the Head of State, there is a contestation to his election. Do I swear allegiance to Hon Raila Amolo Odinga or Hon Mwai Kibaki, who lost by nearly half a million votes?" he asked.
According to House Standing Orders, Mr Orengo was out of line because he was making a claim on the floor of the House about the conduct of another Member without moving a substantive motion that would allow the discussion of the member in question.
Secondly, Ms Karua pointed out that Mr Orengo was standing on a point of order to challenge the form of the oath in the presence of "strangers" because the MPs-elect had not been sworn in.
"We are actually strangers; the House is not duly constituted. It is only the Speaker who has been sworn in."
Amend the oath
"Talking practically, who is going to amend the oath? You must swear first. If you say you can't, who will do it? You are strangers and have no authority or locus standi to amend the oath," said Attorney General Amos Wako.
Speaker Marende, who had yet to start wearing his robes, saved the situation, ruling that all MPs-elect would take the oath in its present form.
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