Nairobi — The Speaker on Thursday cleared the way for MPs to investigate President Kibaki's decision to reappoint senior officials of the Kenya Anti-Corruption Commission. A House Committee, which MPs say new House rules give the power to repeal government decisions it considers illegal, will likely look into the appointments.

President Kibaki on Monday handed a new five-year contract to KACC director Aaron Ringera and two deputy directors, Fatuma Sichale and Smokin Wanjala.

Remove allocation

The decision has been widely condemned by MPs and civil society, who say the decision ought not to have been taken without the input of the Board of Advisors and Parliament.

On Wednesday, MPs threw out a motion to send them on recess for six weeks and because of the hostile mood of the House, Finance minister Uhuru Kenyatta withdrew the Appropriations Bill, which was to come up for debate on Thursday. MPs had threatened to remove the allocation for KACC from the Bill altogether.

Speaker Kenneth Marende said: "This (Thursday) morning, the Prime Minister and the deputy Prime Minister in charge of Finance asked for more time to consult. They said they required time to conclude on-going consultations."

Whether a House Committee can reverse a decision by the President and whether it is the Select Committee on Delegated Legislation or the departmental committee on Justice that will investigate the appointments is to become clear from a ruling by Mr Marende on Tuesday.

Friday's sitting saw tough exchanges, with Cabinet ministers James Orengo and Anyang' Anyang'o teaming up with the back bench to push for revocation of Mr Ringera's fresh and last tenure at Integrity House.

Exceeded powers

Legal minds were at work immediately after Question Time when Chepalungu MP Isaac Ruto requested the Speaker to rule that the gazette notice on the reappointment be referred to the Select Committee on Delegated Legislation to determine whether or not the President exceeded his powers.

He also asked that the committee, chaired by PNU nominated MP Amina Abdalla, be asked to report to Parliament in seven days.

"A committee, whether select or departmental, does not need an order from the chair (Speaker) to inquire into any matter. If, in their interpretation, the matter falls under their purview, they are at liberty to commence investigations," Mr Marende ruled after an hour and half of debate.

"As to whether the matter raised falls within the committee's mandate, I will give my considered position on Tuesday. I intend to go into the law and respond to all points raised by members in my ruling," he said.

Ms Abdalla said her committee would work with that on Justice and Legal Affairs and come up with a report on the matter by next Tuesday.

Justice minister Mutula Kilonzo and Mr Murungi, the Energy minister, opposed scrutiny of the notice by MPs on the basis that the appointments were within the law.

"It would be an unnecessary misunderstanding and misinterpretation of the Anti-Corruption and Economic Crimes Act," Mr Kilonzo, also the Mbooni MP, said.

He argued that the reappointment of Mr Ringera did not fall under subsidiary legislation, which grants the President the power to perform selected roles under law.

Among those who spoke during the debate were Mr Orengo and MPs Abdikadir Mohamed (Mandera Central, Safina), Olago Aluoch (Kisumu Town West, ODM), Martha Karua (Gichugu, PNU), Danson Mungatana (Garsen, Narc-K), Millie Odhiambo (Nominated, ODM), who wanted the gazette notice taken to MPs for scrutiny.