Jubilee want Standing Orders amended after row with CORD

By Mwaniki Munuhe

The Jubilee alliance plans to undo the changes to House Standing Orders that led to the impasse with CORD over the composition of parliamentary departmental committees.

Leader of the Majority in Parliament Aden Duale says Jubilee fought CORD tooth and nail on the issue because it needed to secure positions for key supporters.

Having faced down the threat of a boycott, the ruling coalition forced the Opposition to accept a deal in which it will chair just two watchdog committees in which Jubilee has a one-member majority. All other House standing committees will have chairpersons and deputies drawn from Jubilee’s two largest parties, United Republican Party and The National Alliance, or from affiliates like Kanu and the Alliance Party of Kenya.

Two weeks ago, The Standard On Saturday exclusively reported CORD’s plan to storm out of Parliament to push for majorities in the Public Accounts Committee and the Public Investments Committee. This position was abandoned when divisions arose among CORD’s constituent parties over their leadership in Parliament.

Duale says the agreement on CORD’s capitulation has already been sealed. Jubilee will have 14 members in the two watchdog committees, PIC and PAC, while CORD will have 13. The ruling coalition will also have 18 members in other departmental committees to CORD’s 11, effectively giving it an upper hand in picking chairpersons.

Duale adds that a proposal before the House Rules and Procedures Committee, chaired by Speaker Justin Muturi, will see Standing Orders amended to ensure Opposition chairs watchdog committees. Previously this was only required by ‘tradition’. The changes will, however, also give the majority party or coalition of parties a majority in membership of the two committees by one member.

“There was some mischief in amending the Standing Orders by the last Parliament,” Duale says. “We have asked the Rules and Procedures Committee to introduce several amendments so that we can deal with some of these issues once and for all. It must be understood all Members of Parliament have oversight function to play.”

Watchdog teams

CORD is still uncomfortable with Jubilee having a majority in PIC and PAC. John Mbadi (Suba, ODM) says given the powers wielded by the chairpersons of such teams, it would be inappropriate to allow the ruling coalition a majority in watchdog bodies.

“We have no problem if Jubilee wants to chair all the other departmental committees,” he said. “It is only logical they chair such committees and defend the Government’s agenda in Parliament. (But) they cannot perform two functions at the same time. You are either the watchdog or defending the Government’s agenda.”

As Majority leader, Duale is the representative of the President in the House. Prof Kindiki Kithure has the same role in the Senate. Unlike in the past, Cabinet has no place in Parliament. In fact, the new Cabinet secretaries will have to maintain good working relationships with the chairpersons of various committees given that they will represent their interests on the floor of the House.

Mbadi agrees there is a need to amend the Standing Orders, saying: “It is clear these Standing Orders were done in a hurry. It was wrong to adopt them. There are a lot of contradictions, some bordering on unconstitutionality. For instance, making the Speaker chair a committee, like the appointments committee, when we all know he is expected to oversee debate of reports from all committees. When members criticize the work of such a committee, like we did, it can amount to indirect criticism of the Speaker, which is not right. His role in committees should be limited to the committee on Rules and Procedure and the Parliamentary Service Committee.”

The Standard On Saturday has established that amendments will also be introduced in the Senate to Standing Orders there. Government whip Beatrice Elachi confirmed that several proposals are being are being prepared for senators’ consideration.

“Our Standing Orders are a big mess,” she said. “There is outright contradiction and lack of clarity in some areas. For instance, the orders give parties power to ‘dewhip’ (withdraw voting instructions from) errant members but that decision can only be effected through a Motion on the floor of the Senate. This is why I had to move a Motion seeking to ‘dewhip’ Bonny Khalwale.”