The men who listen but are called ‘Mr Speaker’

By Patrick Wachira

As Members of Parliament take a three-month break, focus is on Tenth Parliament and the tasks ahead. The House is expected to resume for its third session in March but the President can summon it any time to discuss urgent matters.

One of the pending key aspects is the establishment of a special tribunal to probe and prosecute instigators of post-election violence. On the MPs’ plate is also the long awaited new Constitution, for which Parliament has to provide guidance.

Undoubtedly, Speaker of National Assembly is often the individual on the spot. They at times find themselves in tricky situations, as past history indicates.

Francis ole Kaparo

His gift of the gab endeared him to many and his grasp of standing orders was so remarkable that he seldom referred to the small grey book that contains House rules.

A man known for his sense of humour, he often said he finds it hard to understand why a person who is paid to listen should be called Speaker.

In June 2005, he railed at young MPs, who had apparently angered him with petty questions during question time.

He dismissed them as mostly dishonest, insincere and tribal. "There is a clear lack of clarity, purpose and vision in the behaviour of our MPs and political parties," he said.

He chided them for being parochial, saying perhaps it was because most came from councils. "If you want to talk about parochial issues, you’d rather go back to the councils", said he.

He faced dilemma after many MPs ditched Kanu to join Narc unofficially, since they feared facing by-elections. Yet, in the absence of official communication, the MPs could not be considered defectors.

Just after his 2004 re-election, Kaparo faced a suit, filed by Mr Peter Ngoge, who had also contested for Speaker’s post and lost. Among other issues, Ngoge averred that the election was irregular as it was done on the day Parliament was prorogued.

He had sought a declaration that Parliament was not in existence on January 9 when elections were done and that the election of Speaker could not take place on a day that the House had been prorogued.

He had also averred that the declaration that Kaparo won was a nullity in law as it violated sections 30,31, and 37 of the Constitution. The matter was heard by justices Roselyn Wendoh, Joseph Nyamu and George Dullu.

The demand for a full inquiry was dismissed on grounds that it failed to grasp the realities of the day "and seems aimed at engaging the courts in fruitless inquiries even when their fate is apparent. Any such inquiry would defy the dictates of practical common sense".

"It is not the function of this court to interfere with the internal arrangement of Parliament unless they violate the Constitution. The internal arrangements are regulated by the Standing Orders of the House", the judges said.

In 2004, the Liberal Democratic Party wanted to move a motion of no confidence against Kaparo over claims he took sides during the National Constitutional Conference at Bomas of Kenya.

Fizzled out

The scheme backfired when Deputy Speaker David Musila denied there was such a move and the matter fizzled out.

In 2005, Gem MP Jakoyo Midiwo wanted to move a motion of no confidence against Kaparo, just days after a searing attack on the MPs. He described them as selfish, dishonest, parochial and tribal.

The MPs were up in arms and Midiwo thought he had company, until he came face to face with reality 24 hours later.

All major parties distanced themselves from the move. Even his LDP joined hands with Kanu, Ford Kenya and Ford People to block the motion.

It emerged the motion had not been taken before the House Business Committee for approval before being tabled in the House.

Early this year Kaparo attacked the presidency, terming it imperial. He rooted for a parliamentary system in which MPs elect the President.

"If they fight in the House over that, it would be up to them," Kaparo said at Nyeri’s Kabiruini Showground during the Scouts and Girl Guides founder’s day.

Kaparo was re-elected in 1998 by 157 MPs. This year, he lost to Kenneth Marende who got 105 votes while Kaparo got 101.

Kenneth Marende

Marende’s bid for Speaker was not apparent until after he ended the two-term reign of Sheldon Muchilwa to be elected MP for Emuhaya.

Marende became speaker when debate in the House was characterised by hostility and between PNU and ODM MPs.

Towards the end of the year, he stirred an hornet’s nest when he joined the raging debate on whether or not MPs should pay taxes on their allowances.

Taxed

Kangundo MP Johnstone Muthama became the first MP to have his allowances taxed.

The Speaker was asked about his views on MPs’ taxation and replied that MPs were free to pay taxes if they felt "sufficiently philanthropic".

The reply drew a barrage of criticism.

The remarks were seen as stinging, coming just when the cost of living had spiralled to unbearable levels.

Fred Mbiti Mati

Mati was not new to politics. He had served in the Legislative Council from 1961. He also served as MP for Kitui North in the House of Representatives and the National Assembly up to 1970.

He oversaw the transition from the founding President Jomo Kenyatta to Daniel Moi in 1978.

It was during his watch that veteran politician Martin Shikuku and Deputy Speaker Jean Marie Seroney were arrested in the precincts of Parliament and detained on October 15, 1975. Seroney was the first and only Deputy Speaker to have his term cut short by detention.

The detention was believed to have been linked to remarks Shikuku made on the floor of the House, regarding the status of Kanu and which Seroney ruled required no substantiation.

The arrest sparked off a furore, with politicians, civil society and the Law Society of Kenya describing the arrest as illegal and violated the immunity enjoyed by MPs in the precincts of Parliament.

Moses Kiprono arap Keino

He started off as MP for Kericho East, which he represented for three terms, from 1969 to 1983.

He had also served in several committees, as well as being deputy chief whip and deputy Speaker.

His term as deputy Speaker was short. He resigned in June 20, 1983 following a controversial ruling he had made in the House a few days earlier.

He barred Lurambi South MP Wasike Ndombi from moving an adjournment motion. By resigning, he pre-empted debate of a no-confidence motion, which was to be moved by Lawrence Sifuna, then MP for Bungoma South.

Parliament was dissolved the following month, on July 22, before his successor was elected. There was a snap General Election (before the term of Parliament had lapsed).

Keino bounced back in 1988 when he was elected unopposed as Speaker and served for three years. Again he resigned on June 11, 1991, making history as the only Speaker to have resigned since independence and the second since 1948.

He joined Ford, then an opposition outfit campaigning for multi-party democracy.

He died on November 4, 1998 after ailing for sometime and was interred at his farm in Kericho.

Party alliances saw him preside 14 by-elections

Prof Jonathan Kimetet arap Ng’eno

He assumed the hot seat just when the country was agitating for multiparty democracy, which posed a headache for the establishment.

He was elected on June 12, 1991, five months before Parliament repealed the contentious Section 2A of the Constitution to recognise the multi-party system.

Under his watch, for the first time in the history of Kenya, there was a woman Cabinet minister, Winfred Nyiva Mwendwa, then MP for Kitui West.

During this period, there were 14 by-elections, which saw members shift alliances time and again. Ford Asili was dislodged as the Official Opposition party by Ford Kenya, which later lost to the Democratic Party.

House debates were characterised by tension and the political playing field was described as uneven, especially by Opposition MPs.

Finally, the Inter-Parties Parliamentary Group came into being in 1997 to level the field, somewhat. However, most of its recommendations lacked the force of law.

A select committee was appointed to probe the 1991-2 clashes during Nge’no’s tenure and debate on the matter was derailed four times, with MPs threatening a mass walk-out.