mzalendo :: Eye On Kenyan Parliament

BY MWALIMU MATI

In 2007, the Kenya National Budget was set at about Ksh 700 billion (about USD 10.7 billion).

Of this amount, the Government has to make loan repayments and pension payments (for retired civil servants) to the tune of Ksh 141 billion (or USD 2.1 billion).

Of the remaining Ksh 559 billion (USD 8.6 billion), the Government planned to spend Ksh 300 billion (USD 4.6 billion) on running 34 Ministries.

After catering for Government’s running costs (salaries, equipment, furniture both office and household), there is only Ksh 260 billion (or USD 4 billion) for Development Expenditure available. However not all this money comes from the Government. In fact it borrows about Ksh 52 billion (or USD 800 million) for building roads, improving infrastructure, providing health and education services etc… from international donors. In the past the Government has misused loans and left Kenyans to repay.

At the end, only Ksh 200 billion (USD 3.2 billion) will remain for spending on the people of Kenya - the majority of whom live below the poverty line.

Now that the Cabinet has been increased to 43, the Government must spend more. Back of the Envelope Calculations say that the average recurrent cost of running a Ministry is Ksh 8.8 billion – or USD 130million. Therefore 9 new Ministries would cost 9 times Ksh 8.8 billion equivalent to Ksh 79.2 billion or USD 1.2 billion. This increase wipes out the Ksh 50 billion, the Ministry of Finance will raise from selling some of its Safaricom shares.

The money for the new Ministries will, of necessity, be deducted from the Ksh 200 billion development budget (USD 3.2 billion).

So at the end of the day, having 43 Ministries means that Kenyans are not likely to have more than Ksh 130 billion (USD 2billion) spent on them for Education, Health, Road Construction and Water to take a few examples of what Government is meant to actually be doing to develop Kenya.

It is tragic that a 43 member Cabinet means that Kenyans will expect only about 19% of the Ksh 700 billion national budget to be spent on developing the country. It appears as if the GOK has ceased to have a development function and exists only to tax Kenyans, and spend taxpayer’s money on GOK recurrent costs (salaries, loans and pensions).

What will those who pay for all this (taxpayers and donors) have to say to this economic mismanagement knowing that Kenyans:

- live with inflation above 20%

- want an end to the sad situation whereby well over 150,000 IDPs live in tents (supported by the Red Cross – not the GOK)

- will soon suffer from food shortages this year and have to rely on charity

- thought that the National Accord was intended to facilitate relief to the poorest and worst off – and not to construct a bloated government

- have heard that the Government has asked donors for Ksh 31 billion (USD 476 million) to resettle the IDPs, because the GOK is unable to raise this amount from its own resources.

And to cap it all, Parliament will now have to scrutinise the budget for this leviathan Grand Coalition with only 129 MPs not in Government. Last year over 36 vote heads were guillotined, and passed unscrutinised, for lack of debating time. This included the budget for the Ministry of Finance, which prepared the budget for 2007, and suspiciously doubled its own budget. The death knell is being sounded for parliamentary check on executive authority.

Finally, are the Kenyan people architects of their own misfortune, or victims of rapacity in the political elite?

Kenyans for Peace and Justice (KPTJ) have launched a SMS campaign to urge politicians to fight against a bloated Cabinet. Given the current impasse, there is still an opportunity to urge OUR elected representatives to stop being selfish and to put the nation’s interest before their personal interests.

While we do not have the contact information of all MPs, we at Mzalendo are working hard to update what is missing. We do have quite a number of emails and phone numbers so click on the MP profiles and use that information to contact them and express your views - our country should not be held hostage by a few individuals. Also, please help us fill the information gaps by leaving a comment or via the contact page. If you are unable to SMS, you can express how you feel by leaving a comment on your MP’s profile page. Also please forward this widely to your own networks and contacts.

Some examples of messages you can send are below (it adds strength to your sms if you personalize it by addressing the MP directly. e.g. “Mr. Saitoti, Kenyans want a lean, clean cabinet.”)

Siasa Ya Pupa
Njaa Kwetu!

Kenyans Want A Lean, Clean Cabinet

Lean and Clean
Greed is Obscene

Cabinet Feasts
IDPs Starve

Do the Right Thing for Kenya
No More Than 24

Our Country Our Cabinet
No More Than 24

Contact info for some of the MPs:

Abdirahman, H.Ali - Wajir South - KANU - 0721-724746 / 0722-144999 ahassan@tradeandindustry.go.ke

Chiaba, Mohamed Abu - Lamu East - PNU - 0722-410177

Bahari, Abdul Ali - Isiolo South - KANU - 0733-289501

Balala, Mohammed Najib - Mvita - ODM - 0733 333500 /0724 - 650000 najib@mombasa.co.ke

Bifwoli, Wakoli Sylvester - Bumula - PNU - 0733-865323 Wakolib@yahoo.com

Chepkitony, Lucas Kipkosgei - Keiyo North - ODM - 0733-635894 / 0722816064

Ethuro, David - Turkana Central - PNU- 0722-526370 dethuro@yahoo.com

Gesami, James Ondicho - West Mugirango - ODM- 0733 826090

Gisuka, Machage Wilfred - Kuria - DP - 0733-451806/0725834575

Kajembe, Ramathan Seif - Changamwe - ODM - 0721 609777 Langoni@swiftmombasa.com

Kajwang’, Gerald Otieno - Mbita - ODM - 0722-882787

Kamama, Asman Abongotum - Baringo East - PNU - 0731-583303

Karua, Martha Wangari Gichugu - PNU - 0721 623 342 / 0733-747551

Kenneth, Peter Gatanga - PNU - 0722 512996 andykenneth@hotmail.com

Kenyatta, Uhuru - Gatundu South - KANU - 0722 463 891

Keter, Charles Cheruiyot - Belgut - ODM - 0722 530555

Khalwale Boni - Ikolomani - NEW FORD-K - 0721 318722

Khaniri, George Munyasa - Hamisi - ODM - 0722-859341

Kilonzo, Julias Kiema Mutito - ODM-K - 0722-513605 kilonzo@wananchi.com

Kilonzo, Charles Mutavi - Yatta - ODM-K - 0734-621593 ckilonzo@crystalvaluers.com
Kimunya Amos Muhinga Kipipiri PNU - 0722518801 / 520936 kipipiri@wananchi.com

Kinyanjui, Lee Maiyani - Nakuru Town - PNU - 0722 842653

Kiunjuri, Festus Mwangi - Laikipia East - PNU - 0721 600 305

Kuti Mohammed Abdi - Isiolo North - NARC-K - 0733 235914

Lesirma, Simeon Saimanga - Samburu West - ODM - 0722-719946 simeonlesrima@yahoo.com

Magara - James Omingo - South Mugirango - ODM - 0722 911274 jomingo45@yahoo.com

Katoo, Ole Metito J - Kajiado South - 0721-640175

Midiwo, Washington Jakoyo - Gem - ODM - 0721 504 040 / 0733 421277/ 0722 935761

Mohamed, A.H.M - Mandera West - ODM - 0722-779942

Mohammed, Haji Yusuf - Ijara - KANU - 0722-709395

Mugo, Beth Wambui - Dagoretti - PNU - 0722-205753 bmugo@kenyaweb.com

Mungatana, Danson Buya - Garsen - NARC-K - 0722-411971 mungatana@wanainchi.com

Munyes, John Kiyonga - Turkana North - PNU - 0721-339094 johnmunyes@yahoo.com

Murungi, Kiraitu - South Imenti - PNU - 0721-240863 waziri@kenyaweb.com

Musila, David - Mwingi South - ODM-K - 0722 571117 davidmusila@yahoo.com

Musyoka, Stephen Kalonzo - Mwingi North - ODM-K - 0722 523 872 / 0735 161 588

Mwangi, Onesmus Kigumo - PNU - 0722-778581 kiharamwangimp@yahoo.com

Mwatela, Andrew Calist - Mwatate - ODM 0733 719 871

Mwiria, Valerian Kilemi - Tigania West - PNU - 0733-657562 kilemimwiria@africanonline.co.ke

Ndambuki, Gideon Musyoka - Kaiti - ODM-K - 0720-384553/0734-758567 gndambuki@wananchi.com

Githae, Robinson Njeru - Ndia - PNU - 722514837

Nkaisserry, Joseph Kasaine - Kajiado Central - ODM - 0721-356786 nkaisserry@wananchi.com

Nyong’o, Peter Anyang’ - Kisumu Rural - ODM - 0733 454 133 pan@africaonline.co.ke

Odinga, Raila Amolo - Langata - ODM - 0733 620 736 railaaodinga@yahoo.com

Oginga, Oburu Bondo - ODM - 0733 818517/ 0724-105493 oburu_oginga@yahoo.com

Odeke, Sospeter Ojaamongson Amagoro - ODM - 0733 967345 / 0722 813819

Ojode, Joshua Orwa Ndhiwa - ODM - 0722- 514830 Ojode7@hotmail.com

Okemo, Chrysanthus Nambale - ODM - 0733-608895 Chrisokemo@yahoo.com

Olweny, Patrick Ayiecho - Muhoroni - ODM - 0722-734187/0733-784633

Onyancha, Charles - Bonchari - ODM - 0722-248190 jonyancha2002@yahoo.com

Oparanya, Wycliffe Ambetsa - Butere - ODM - 0722 521856

Osebe, Walter Enock Nyambati - Kitutu Masaba - N LP - 0722 724 556

Poghisio, Samuel Losuron Kacheliba - ODM-K - 0722-520663 / 0734-200836 poghisio@wananchi.com

Ruto, Samoei William K. - Eldoret North - ODM - 0722 517 997 info@williamrutto.com

Shaban Naomi Namsi Taveta KANU 0722 814 412

Shitanda, Peter Soita - Malava - NEW FORD-K - 0721-341241 soita-shitanda@yahoo.com

Sugow Ahmed Aden Fafi KANU 0721-596726

Twaha, Yasin Fahim - Lamu West - NARC-K - 0722-925108

Wekesa, Noah Muhlanganga - Kwanza - PNU - 0722-774374 noahwekesa@hotmail.com

Were, David Aoko Matungu - ODM - 0722 707548/0733 569180 scorpionwere@yahoo.com

Wetangula - Moses Makisa Sirisia - PNU - 0722 517 302 / 806 363 mwetangula@hotmail.com

ATTORNEY GENERAL OF KENYA

Amos Wako 0722 772 453

By Mwalimu Mati

It is astonishing to hear that some crazy person, or people have suggested
a Kenya Cabinet size of 44. According to the 2007/8 budget the total cost of running 34 ministries
this year is Ksh 299.6 billion (an average of Ksh 8 billion per ministry
per annum). Using the same average cost, 44 Ministries might cost you and
I about Ksh 387 billion. Are you prepared to fork out another 100 billion
shillings or so every year to accommodate your Member of Parliament’s
desire to have a flag and to be called “Waziri”?

Let’s be clear, MPs were elected to represent us, not to agitate for
wasteful government expenditure in the name of power sharing. Certainly,
they are not meant to be inciting Government to spend Ksh 100 billion more
for no serious purpose beyond contriving to get Mwai Kibaki and Raila
Odinga to give them sinecures at public expense.

If you read the 2007/2008 Estimates of Recurring Expenditure of the
Government of Kenya, you will find that Ksh 100 billion per year is
equivalent to Kenya’s current annual public debt repayments. Ksh 100
billion would finance the youth fund for 100 years and the women’s fund
for 50 years. Ksh 100 billion would build ten 10-lane highways each of 50
km of length – the distance between Nairobi and Thika. It is twice the
aid in loans and grants received from bilateral partners for development;
and four times all the grants Kenya receives from multilaterals such as
the World Bank.

We cannot afford to spend Ksh 100 billion this year on a bloated
government. We have better things to do with our money. What has the GOK
done about IDPs who are still living in tents and being chased from place
to place by GOK security personnel whenever they dare to complain about
their abysmal living conditions? Nothing. What provision is really being
made for the resettlement and welfare of these unfortunate fellow
citizens? Your guess is as good as mine. Do the people negotiating the
size of the Cabinet have even a spare thought for the IDPs? I doubt it.
Ksh 100 Billion is two times as much as we all lost because of corruption
in Anglo Leasing. It is twice the amount of money Treasury will raise
from the sale of public shares in Safaricom. In fact it is equivalent to
at least 5 years of Safaricom’s profit at 17 billion shillings.

Kenya needs a good government not a big one. Today noone seriously argues
that we have a good government in place. In fact, and here I am
suggesting a vetting methodology for high offices, only 7 of the current
Ministers would pass the test of not being adversely mentioned in PAC,
PIC, KACC reports, or adverse court judgements. At over 30 Ministries
(larger and better paid at top level than any World power) we already have
a big government. Who is trying to get us to pay more for an even larger
cabinet? For how long can we continue this way?

In my opinion, we need no more than 12 Ministries with one Assistant each.
The rest of the Members of Parliament should represent us as they were
voted, and are paid quite handsomely, to do from the Back Benches on both
sides. We need good honest technocrats to run the public service for the
benefit of the public with minimal political interference by temporary
ministers. We need to stop pampering politicians who only recently caused
us all to have the life threatening, or near death experience that we
euphemistically call the “post election crisis”. On this point many of
those jostling and lining up for positions at our expense ought properly
to be investigated for their individual roles in the making of this
crisis. What were many of them doing in the run-up to the election of
December 27th 2007? Where were many of them when we needed them to help
Kenyans? Who has mismanaged our public resources in the past, present and
in the near future if we don’t stop them? Indeed these are questions we
should be focusing our energy in answering.

Our immediate and priority concern should be directed to the poorest and
not the wealthiest Kenyans. Nearly twenty million Kenyans live on less
than Ksh 64 per day. That means they will make no more or have no more to
spend than Ksh 25,000 in a whole year. And that is for families! These
are the Kenyans we should be spending money on. I would prefer to spend
100 billion shillings this coming year on poor Kenyans rather than
continuing to fatten political sacred cows.

Finally, the only reason such a proposal is even seeing the light of day
is the fact that despite the clear provisions of section 16 of the
Constitution, Parliament has never made a law to establish and determine
the number and portfolios of the Cabinet. Never - in 45 years! Is this
the reason why there is no outrage from our elected MPs about the abuse of
authority and culture of sinecures which has persisted in Kenya since the
days of Jomo Kenyatta?

[Mzalendo readers what are your views on the Cabinet? What should be the ideal size? What reforms need to be undertaken? ]

Details can be found here.

-MP vows to table Bill to cut MPs salaries. A table showing how Kenyan MPs’ salaries compares with their counterparts in other countries can be found here.

- MPs lifelong pension to cost Kenyans billions of shillings.

- Mutahi Ngunyi on why the Accord Bill should be amended.

Orange Democratic Party (ODM)
Sophia Abdi Noor (Mrs.)
Millie Grace Akoth Odhiambo (Mrs.)
Racheal Wambui Shabesh (Mrs.)
Musa Cherutich Sirma
Muhamad Dory Mohamad yakub
Joseph Nyagah

Party of National Unity
Maison Leshomo (Ms.)
Musikari Kombo Nazi
George Omari Nyamweya

Orange Democratic Movement-Kenya (ODM-K)
Shakila Abdalla (Ms.)
Mohamed Abdi Affey

Kenya African National Union (KANU)
Amina Abdalla (Ms.)

BY MZALENDO REPORTER

President Kibaki on Thursday March 6, 2008 opened the second session of the tenth Parliament and set a crowded though ambitious agenda for Parliament in the next 5 years. This includes over 20 Bills and a raft of Sessional Papers. Four of the Bills, according to the President, must be accorded top priority by the Coalition government and the whole House in general.

The top priority Bills are:
1) the National Accord and Reconciliation Bill
2) the Constitution of Kenya (Amendment) Bill
3) the Establishment of Truth, Justice, and Reconciliation Commission Bill
4) the Establishment of the Ethnic Relations Commission of Kenya Bill.

The National Accord and Reconciliation Bill, perhaps the most urgent, is aimed at putting into legislation the power sharing deal signed by President Kibaki and ODM leader Raila Odinga after one month’s mediation talks chaired by former United Nations chief Kofi Annan. The Bill seeks to create the position of Prime Minister, and two deputy prime ministers. It also seeks to transfer the roles of the head of government from the President to the Prime Minister leaving the president as the head of State. It will also provide clear roles of the new posts as well as criteria of appointing and dismissing the prime minister and the deputies.

The Constitution of Kenya (Amendment) Bill is aimed at giving Kenyans a new constitution, which has been elusive for over 15 years. PNU and ODM agreed that there will be five stages in the review of the Constitution, in and outside Parliament, culminating to a referendum.

The Truth, Justice, and Reconciliation Commission Bill seeks to create a special commission mandated to inquire into human rights violations, including those committed by the state, groups, or individuals. This includes but is not limited to politically motivated violence, assassinations, community displacements, settlements, and evictions. The Commission will also inquire into major economic crimes, in particular grand corruption, historical land injustices, and the illegal or irregular acquisition of land, especially as these relate to conflict or violence. Other historical injustices shall also be investigated. The Commission will inquire into such events which took place between December 12, 1963 and February 28, 2008.

The Ethnic Relations Commission of Kenya Bill on the other hand seeks to establish another commission with the mandate of probing how various communities have related to each others and causes of conflicts amongst them.

According to President Kibaki, the government is focused on improving market performance of several key commodities. The government has proposed amending the Coffee Act 2001 to provide for direct sales of coffee and to amend the Sugar Act 2001 to restructure the sugar industry. It also plans to introduce bills and Sessional papers covering the dairy, poultry and fishing industries, among others. To boost the tourism industry, the government will be tabling three bills; the Environmental Impact Assessment Regulations Guidelines, the Tourism Bill and the Wildlife Bill.

The government also plans to table a Sessional Paper on Cooperative Development Policy and a bill on Savings and Credit Cooperatives. These are aimed at giving an impetus to the role played by cooperatives in the production and marketing of produce as well as mobilizing savings and providing credit to the majority of Kenyans. The government will also introduce legislation that will regulate the role of non-public entities such as civil society and international education providers as well as propose the establishment of a Technical Industrial Vocation and Entrepreneurial Training Authority. This is inline with implementation of the free primary and free secondary education programmes, which according to the President, require legislation to entrench the reforms in the entire education sector within the country’s laws.

Entrenching a culture of science, technology and innovation in the society and boosting the country’s dream of Vision 2030 is also in focus. In this relation, the government will introduce a National Policy for Science, Technology and Innovation. It has also proposed a bill to upgrade the National Council of Science and Technology to the National Commission of Science and Technology. On the way as well is a bill that will lead to the creation of the National Science Foundation and National Innovation Agency. To deal with poverty and inequitable development, the government plans to table a Sessional Paper on Cooperative Development Policy and a bill on Savings and Credit Cooperatives.

In the health sector, the Government has proposed to review the Public Health Act so as to consolidate 23 different Public health laws into a single Act of Parliament. It plans to table policy papers on Health Care Financing, Health Services Commission and Decentralised Funding of Health Facilities. With regard to the youth, the government has proposed amendments to the Armed Forces Act to enable youth trained under the National Youth Service be absorbed in the armed forces. It will also table a bill to provide for the creation of a National Youth Council. Further, the Government will re-table the Sessional Paper on Employment Policy for discussion in the House on the urgent and critical matter of providing enough jobs for young people. With regard to the protection of the family and children, the government has proposed amendments to the Children’s Act 2001 for better implementation. The government also plans to introduce the Information Communication Technology Bill as a regulatory framework for broadcasting, electronic transactions and cyber crime.

In the water sector, the government will table the National Water Harvesting and Storage Policy to facilitate harnessing and storage of recurrent floodwaters as well as the National Shared Water Resources Policy to promote equitable development of water resources nationally. Government plans also to introduce a policy on the registration of contractors as well as the creation of a national construction company to build capacity among local contractors. It will also introduce legislation touching on the Protection of Road Reserves, Registration of Engineers and Architects as well as Quantity Surveyors.

With regard to local authorities, the government plans to bring to the House new amendments to the Local Government Act to enable the direct election of mayors and county council chairmen.
According to President Kibaki, this particular reform is long overdue and this Parliament should deliberate on it as a matter of priority. To ensure proper planning and development of urban areas as well as the proper enforcement of laws and by-laws for regulation of urban development, the government plans to table proposals to set up a National Urban and Metropolitan Areas Authority.

To promote the development of affordable housing the government will present the Housing Bill and a Landlord and Tenant Bill. The government also plans to table the Organised Crimes Bill to contain the emergence of organized gangs and militias which bode ill for our society. It also plans to table the Anti-money Laundering Bill as well as introduce amendments to the Chief’s Act and Firearms Act.

Preamble:
There is a crisis in this country. The Parties have come together in recognition of this crisis, and agree that a political solution is required. Given the disputed elections and the divisions in the Parliament and the country, neither side is able to govern without the other. There needs to be real power sharing to move the country forward.
A coalition must be a partnership with commitment on both sides to govern together and push through a reform agenda for the benefit of all Kenyans.

Description of the Act:
An Act of Parliament to provide for the settlement of the disputes arising from the presidential elections of 2007, formation of a Coalition Government and Establishment of the Offices of Prime Minister, Deputy Prime Ministers and Ministers of the Government of Kenya, their functions and various matters connected with and incidental to the foregoing.
1. This Act may be cited as the National Accord and Reconciliation Act 2008.
2. This Act shall come into force upon its publication in the Kenya Gazette which shall not be later than 14 days from the date of Assent.
3. (l) There shall be a Prime Minister of the Government of Kenya and two Deputy Prime Ministers who shall be appointed by the President in accordance with this section.

(2) The person to be appointed as Prime Minister shall be an elected member of the National Assembly who is the parliamentary leader of –
(a) the political party that has the largest number of members in the National Assembly; or
(b) a coalition of political parties in the event that the leader of the political party that has the largest number of members of the National Assembly does not command the majority in the National Assembly.

(3) Each member of the coalition shall nominate one person from the elected members of the National Assembly to be appointed a Deputy Prime Minister.

4.(1) The Prime Minister:
a) shall have authority to coordinate and supervise the execution of the functions and affairs of the Government of Kenya including those of Ministries;
b) may assign any of the coordination responsibilities of his office to the Deputy Prime Ministers, as well as one of them to deputise for him;
c) shall perform such other duties as may be assigned to him by the President or under any written law.
(2) In the formation of the coalition government, the persons to be appointed as Ministers and Assistant Ministers from the political parties that are partners in the coalition other than the President’s party, shall be nominated by the parliamentary leader of the party in the coalition. Thereafter there shall be full consultation with the president on the appointment of all Ministers. (3) The composition of the coalition government shall at all times reflect the relative parliamentary strengths of the respective parties and shall at all times take into account the principle of portfolio balance.

(4) The office of the Prime Minister and Deputy Prime Minister shall become vacant only if -
(a) the holder of the office, resigns or ceases to be a member of the National Assemb1y otherwise than by reason of the dissolution of Parliament; or
(b) the National Assembly passes a resolution Which is supported by a majority of all the members of the National Assembly excluding the ex-officio members and of which not less than seven days notice has been given declaring that the National Assemb1y has no confidence in the Prime Minister Or Deputy Prime Minister, as the case may he; or
(c) the coalition is dissolved.

(5) The removal of any Minister nominated by a parliamentary party of the coalition shall he made only after prior consultation and concurrence in writing with the leader of that party. 5. The Cabinet shall consist of the President, the Vice- President, the Prime Minister, the two Deputy Prime Ministers and the other Ministers.

6. The coalition shall stand dissolved if:

(a) the Tenth Parliament is dissolved; or
(b) the coalition parties agree in writing; or
(c) one coalition partner withdraws from the coalition by a resolution of the highest decision-making organ of that party in writing.

7. The prime minister and deputy prime ministers shall be entitled to such salaries, allowances, benefits, privileges and emoluments as may he approved by Parliament from time to time.

8. This Act shall cease to apply upon dissolution of the tenth Parliament, if the coalition is dissolved, or a new constitution is enacted, Whichever is earlier.

By Mzalendo REPORTER

January 15, 2008, which was the first day of the first session of the 10th Parliament. ODM’s candidate Mr. Kenneth Otiato Marende, 52, was pronounced Speaker in a theatric session that lasted for more than seven hours. ODM’s Mr. Farah Maalim also won the Deputy Speaker’s seat handing the opposition double victory against the government’s side controlled by President Mwai Kibaki.

Former speaker Mr. Francis ole Kaparo was backed by President Kibaki and his Party of National Unity MPs and their colleagues in affiliate parties. Marende, however, beat Kaparo garnering 105 votes against Mr. Kaparo’s 101, during the three rounds race.
In the first round Marende won after garnering 103 votes, Kaparo 99 votes while former Kibwezi MP Kalembe Ndile had 2. The only female candidate Njoki Ndungu had 0 votes, just like former Nyeri MP Wanyiri Kihoro. In the second round, Marende managed to get 104 votes to Kaparo’s 102. Wanyiri Kihoro this time round managed a single vote. Voting then moved to the third stage which requires a simple majority win.
For a candidate to win in the first round of voting, he or she must garner two-thirds majority or 148 MPs of the entire composition of Parliament. But if no candidate qualifies at this stage, the process enters the second round but here only two candidates are voted for. These are two candidates who would have garnered most of the votes during round one. For one to be declared winner in round two, he or she must garner two-thirds majority or 148 MPs of the entire composition of Parliament-just like in round one.
If no candidate qualifies at this stage, the process enters the third round and the candidate who gets a simple majority is declared the Speaker of National Assembly.

The whole session, which started at 2.30 pm and lasted till past midnight was characterised by angry exchanges between members of the opposition and those from the government‘s side. As the session was about to start, the Opposition side wildly cheered and rose in honour of its leader Raila Odinga as he entered the chambers accompanied by Pentagon member, Mr. Najib Balala. Raila has insisted he won the December 27 general election. Opposition MPs had originally planned to sit on government benches but they did not live to their threat. Raila took the seat reserved for the leader of the opposition.
His followers, some sporting orange handkerchiefs in their breast pockets, declined to stand up as President Kibaki entered the chamber – sending a clear message to him that they do not regard his election as valid. Only the Government side rose for Kibaki, as he walked towards the seat reserved for the Head of State-a couple of steps from where Raila was occupying the official opposition seat.

The election of Speaker was first thrown into disarray after ODM objected to the secret ballot system saying it provided the government’s side with an opportunity to rig.
Ugenya MP, Mr. James Orengo fired the first salvo and challenged the Clerk of National Assembly Samuel Ndindiri that the Standing Orders do not restrict members to voting by secret ballot as he had prescribed. But the government’s side remained firm arguing that secret ballot was the legal way of electing a speaker and that it has been the practice is all Parliaments across the word under Commonwealth.Mr. Ndindiri, who was conducting the whole process, had a rough time in controlling the MPs. President Kibaki on his part watched in disbelief. Those who also took the floor from the ODM side objecting to the secret ballot method included Eldoret North MP William Ruto, Prof Anyang Nyongo (Kisumu Rural) and William Ole Ntimama (Narok North). “We went through (national) elections with a secret ballot, and you stole the vote,” Ruto said insisting that the vote for the Speaker could be rigged too in a secret ballot.

Attorney General Amos Wako, Vice President Kalonzo Musyoka, Justice and constitutional affairs minister Martha Karua and Mbooni MP Mutula Kilonzo on the other side defended the secret ballot system calling on the clerk not to allow being “coaxed” by the opposition. “We hope and we expect that eventually everybody will come to their senses, realise that we’ve got to learn to live with each other,” Karua said as she pushed for secret ballot. “The Speaker has to be fair. Standing Orders mention no secret ballot but it has been a tradition that the House has always followed,” said Mr. Wako.

Mukurweini MP Mr. Kabando wa Kabando (Safina) caused a stir when he claimed that some ODM MPs had been threatened by Mr. Ruto that violence would be unleashed against them if they supported the government’s side. He claimed that ODM was rejecting the secret ballot system so that it can monitor who amongst its members side with the government. The secret ballot however carried the day leading to Marende’s election as Speaker and Maalim as the deputy.

Even after voting and electing speaker and his deputy, there was yet another hurdle for the House. ODM wanted the Speaker to rule in their favour that they should not take an oath swearing their allegiance to the President. The speaker however ruled that as per Standing Orders, an MP has to swear allegiance to the President. Some ODM MPs including Ababu Namwamba (ODM-Budalangi) however still objected. Raila and Nyongo are among the ODM MPs who declined to swear allegiance to the President instead swearing to the Republic of Kenya.

We’re now up to 164 members. Sorry again about the delay — people have to sleep, eat, etc.

We’ve also added a facility to view the seat distribution, accessible from the navigation bar on the left hand side.

This will allow you to see the number of members each party has.

You can further drill down further to see these members.

We’ll update the official results as soon as we get them from the ECK