Uhuru Kenyatta hangs on technicality to delay call on 13th Parliament

A source at State House, who did not wish to be named, said failure by IEBC to publish the nominated members had provided the President a perfect excuse.

"He cannot proceed without Parliament being fully constituted. The list of MPs to be nominated must be published in the Kenya Gazette to trigger action from him," the source said.

He added that nominated MPs enjoy equal rights like elected and are entitled to equal treatment under the law. Mr Osotsi agreed with the assertion but insisted there is no violation of law on part of the President. "He is still within the timelines provided for in the Constitution and no one can fault him. The President is fully aware of the situation and will act at the right time," he told The Sunday Standard.

Jubilee Party Secretary General Jeremiah Kioni laughed off those claiming the President had delayed in convening Parliament.

"They are fearful because the kind of evidence adduced in the Supreme Court condemns the conduct of the entire electoral process conducted on August 9," said Kioni.

"They have not been sworn in and they are not sure what might be. They are anxious for good reason because they could be exposed," he added.

Article 126 (2) of the Constitution, gives the President power to convene the First Sitting of a newly elected Parliament not more than 30 days after the date of the General Election. A total of 32 MPs are to be nominated to the two Houses. In the National Assembly, 12 MPs will be nominated by parliamentary political parties according to the number of seats each of them garnered in the general election. Those elected under this category will represent special interests including the youth, persons with disabilities and workers.

In the Senate, 20 nominated slots are up for grabs out of which 16 members will be women nominated by political parties according to their strength, two other members, a man and woman, are to be nominated to represent the youth and two others members, a man and a woman, to represent persons with disabilities.

With 140 MPs, UDA is the single party with the highest number of elected MPs in the National Assembly. It is followed by ODM with 85 MPs, Jubilee 28, Wiper 24, ANC 7, Ford Kenya 6, UDM 5 and 5 from DAP-Kenya. Azimio la Umoja One Kenya coalition party had a majority in the house with 161 members, Kenya Kwanza had 159 parliamentarians while 12 were elected as independent candidates.

However, Kenya Kwanza has been on a charm offensive, wooing to its side 10 of the 12 independent MPs. UDA has 22 elected Senators, ODM 13, Jubilee garnered 4, Wiper 3, the United Democratic Movement (UDM) 2 with Ford Kenya, DP and NRM getting 1 Senator each. Experts, however, argue that besides the reasons being advanced, the delay in convening the 13th parliament is an extension of the political war between the President and his deputy, William Ruto who was declared the winner of the August 9 presidential election.

"What you are witnessing is a struggle between the two men to control Parliament," said Joram Omufwoko, a lawyer.

Soon after he was declared President-elect, William Ruto returned to the political market with a vengeance that has seen him lure a considerable number of Azimio leaning MPs and political parties to his side. While Azimio has largely been quiet, with a focus on the presidential petition in the Supreme Court, whose verdict is expected tomorrow, Ruto has redrawn the political landscape in a scheme observers argue gives him an advantage in Parliament in the event he has his way.

"In a representative democracy, Parliament is the arm of the Government the Executive uses to enforce its agenda. Having control is important to the person who eventually becomes president," said Mr Omufwoko.

Since he started his moves, Ruto has secured numbers that can allow him to push through his speaker, the top leadership of the two Houses, including committee leadership. The Speaker chairs the powerful House Business committee which apart from setting the agenda of the House, it holds sway in determining the nature of business of House to be transacted in the House on a daily basis.

Having the Speaker on one's side and the leaders of majority is important if one has to control parliament. The speaker chairs the Committee Appointments Committee that determines the suitability of cabinet secretary to serve through parliamentary vetting. The leader of majority is the official through which the Executive transmits its agenda to the House.