8 May 2008
Nairobi — Parliament passed a Motion seeking to formalise the Official Opposition.
The House is deemed to have ordered its publication in the Kenya Gazette.
Budalang'i MP Ababu Namwamba (ODM) who moved the Motion is now at liberty to introduce the Official Opposition Bill.
But even if the Bill comes to the House and it is passed into law, it will be up to the Government to implement it.
Andon Wednesday, while supporting the motion, Namwamba warned that the official opposition is currently not "tenable" following the passage of the National Accord and Reconciliation Act.
Deputy Leader of Government Business Martha Karua, said the formation of a grand opposition was against the spirit of the Accord, which the House supported.
"Grand opposition cannot be operationalised while the Grand Coalition Government exists," said the Justice and Constitutional Affairs minister.
The Accord, Karua said, provides that the person to be named Prime Minister must command a majority in Parliament.
While moving the Motion, Namwamba wondered whether Kenyans must be victims of the "temporary" arrangement (the Grand coalition Government) by not having a grand opposition.
"Is it right for an institution critical to the functions of the House to continue in this statutory weakness? " he posed.
He noted that even the UK Westminster model, from which Kenya had borrowed heavily, has a clear statutory framework allowing an official opposition.
"You cannot suffocate or emasculate the constitutional representatives," said the legislator.
While supporting the Motion, Assistant Minister for Water, Mr Mwangi Kiunjuri, said when the House Business Committee sat on Tuesday, he expected it to take over the Bill so that justice could be done.
Kiunjuri noted that if the signing of the Accord were genuine, the principals would have moved to include the official opposition.
"If we are serious and want the country to move forward, MPs must always be allowed to speak freely," said Kiunjuri.
Kiunjuri said the Grand Coalition Government is a conspiracy to sabotage Kenyans.
Expressing doubts that the current government was "clean," Kiunjuri said whistle blowers in the opposition must be there to check the system.
Mutito MP Kiema Kilonzo (ODM-Kenya) said no government could perform its work without an effective opposition.
Kilonzo accused politicians of double speak. He said Kenyans would never again have faith in an individual.
"I'm a living example. I put faith in an individual. Now am suffering."
Igembe South MP, Mr Mithika Linturi (Kanu) seconded the Motion. Other who supported it included, Assistant ministers Danson Mungatana and Mr Omingo Magara and Lugari MP Cyrus Jirongo.
When debate on the formation of grand opposition began a month ago, the Deputy Speaker, Mr Farah Maalim, ruled out its formation until the Standing Orders are changed.
Maalim said a group of MPs do not constitute an official opposition party.
"The Official Opposition party, means the opposition party consisting of not less than 30 members," he reminded the members.
The Deputy Speaker was responding to a point of order Linturi raised.
Linturi had requested the chair to guide the House on the implication of the National Accord and Reconciliation Act 2008 and the Constitution of Kenya (Amendment) Act 2008 on the sitting arrangements of the House.
Linturi cited Standing Order 172 (2) which states: "All seats in the front benches of the Chamber to the left of Mr Speaker shall be reserved for Leaders of Opposition Parties and Members of the Official Opposition designated as having responsibility in particular matters."
The MP also wanted the Chair to guide the House on the implication of the formation of Grand Coalition Government comprising the largest parties in the House on the provision of Section 1a of the Constitution, which states that "the Republic of Kenya shall be a multi-party democratic State."
Linturi also suggested that members who are not ministers should be allowed to constitute an official opposition coalition to perform the role envisaged for an opposition party in a democratic system.
Responding to these issues, the Deputy Speaker reminded the members that the issues they were raising had cropped up in the House.
Maalim also drew the attention of the House to the provisions of Section 17 of the National Assembly and Presidential Elections Act with regard to members of different parties joining Government.
"The chair takes it that all parliamentary parties in the Grand Coalition have complied with this statute," he added.
He observed that the only party, which is not part of the Coalition Government, is Kaddu, led by Jirongo.
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