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Citizen Weekly

Wednesday, 18 March 2015


NAIROBI, Kenya, Mar 18 – Kibwezi West MP Patrick Musimba is drafting a motion to discuss the ‘questionable’ conduct of National Assembly Speaker Justin Muturi.
Musimba rose on a point of order and asked Speaker Muturi to vacate his seat so that concerns over his conduct which he wanted to raise could be addressed.
“I want to name a member of this House, that person is Justin Bedan Muturi, so Mr Speaker please vacate your seat so that I can raise my issues,” demanded Musimba.
He was however shot down by Majority leader Aden Duale who expressed concerns over the fact members of Parliament seemingly did not understand the Constitution and the Standing Orders asking him to read the law and follow the right procedure in presenting his issues.
“The Constitution has provided the procedure in which you can bring a motion of no-confidence in the leadership of the Speaker after you provide and follow the road map and the requirements provided in the Constitution. To help the member further I can tell you with no point of contradiction that the Speaker will approve that motion and will not be on the chair on the day we are debating (it); You can name any of the 349 members but not the Speaker, please let us read the Standing orders,” said Duale.
Muturi urged the member to draft a motion and submit it to his office. He took the time to explain to Musimba Standing Order 87 which outlines the procedure of removing the Speaker from office.
“Neither the personal conduct of the President, nor the conduct of the Speaker or of any judge, nor the judicial conduct of any other person performing judicial functions, nor any conduct of the Head of State or Government or the representative in Kenya of any friendly country or the conduct of the holder of an office whose removal from such office is dependent upon a decision of the House shall be referred to adversely, except upon a specific substantive Motion of which at least three days’ notice has been given,” reads an excerpt of the law.
It further states that a member who introduces an argument on the conduct of the said officers without a substantive motion will be deemed to be out of order.
“If you needed to do this Hon. Musimba just give three days notice. If you think you are so intent on doing what you want to do you will be at liberty to do that. In fact if you bring it today I will approve it immediately; you must act within the law,” stated Muturi.
The proposal which was hailed by some CORD legislators elicited mixed reactions across the political divide, with Ainabkoi MP Samuel Chepkonga proposing that Musimba be punished for flouting and misusing the Standing Orders.
“We must always comply with the Standing Order… there is no reason why he should not leave his seat right now and go out to drink tea as we transact business in accordance with the law. You cannot behave like a tout,” posed Chepkonga.
Musimba later left the Chamber and retreated to prepare the motion which will determine the fate of the Speaker who is loved and despised in equal measure. Duale however warned Musimba to ensure he obtains favour from members as the task of removing the Speaker was not an easy one.
“You must now talk to members because the signatures you are supposed to collect from these members are so high that you need to consult me and the Leader of Minority before you make a move,” added Duale.
He is reportedly accusing the Speaker of being uncultured and using uncivilized language against members.
It is not the first time this issue is arising as Homa Bay Town legislator Peter Kaluma had threatened to come up with a motion of no-confidence against the Speaker, accusing him of using abusive language against Members of Parliament and also not according CORD legislators the same time as Jubilee lawmakers to make contributions on the floor of the House.