Why MPs want Speaker Wetangula impeached

National Assembly Speaker Moses Wetang’ula is yet again in the crosshairs of a section of MPs, who have now threatened to sue him over his continued “defiance” of court orders.

Lawmakers allied to the ODM Linda Mwananchi faction yesterday termed the Speaker a rogue following his decision to suspend Kitutu Chache South MP Anthony Kibagendi from the House for a further 14 days despite obtaining a court order preventing such action.

MPs Babu Owino (Embakasi East), Caroli Omondi (Suba South), Obadiah Barongo (Bomachoge Borabu), and Joshua Kimilu (Kaiti), and Senators Edwin Sifuna (Nairobi), Godfrey Osotsi (Vihiga) and Dan Manzo (Makueni) also cited other instances where the Speaker had defied courts and Standing Orders.

They mentioned his Tuesday ruling, which allowed the debate and approval of the sale of the government’s shares of Safaricom despite an ongoing court case.

They also cited Wetang’ula’s determination of who between Azimio and the Kenya Kwanza Alliance was the majority in the National Assembly.

In a press conference at Parliament Buildings, the legislators said this formed the premise of their grievances with the Speaker.

They also called for Wetang’ula’s resignation, noting that he was irregularly occupying the position as he is still the Ford Kenya party leader.

“Anybody who does not abide by court orders, because we have said obedience to court orders is the foundation of the rule of law, then you can call him rogue Speaker because what other term is there to describe someone who does not follow the courts?” said Sifuna.

“What is most shameful is that all these people are lawyers, although we saw when he tried to vote at the LSK elections, he was not allowed. It would suggest he is not a member in good standing because only members in good standing in LSK are allowed to vote. I can say that categorically because I’m a former member of the Council of LSK.” 

On Tuesday, when the National Assembly resumed from a short recess, Kibagendi was ordered out of the House and named for gross disorderly conduct.

Homa Bay Town, Peter Kaluma, who was holding brief for the Speaker, said: “The decision whether or not a member is named is not for the House but for me as the Speaker, now pursuant to Standing Order No 108(1). I name Kibagendi for gross disorderly conduct.”

Attempts to stop the debate on Safaricom sale also did not succeed.

“I inquire whether it is for this House to debate a matter that is active in courts of law and which the courts have already pronounced themselves and to go further, ask whether we have the correct interpretation of the Powers and Privileges Act, whether the powers of the Speaker extend out of this House on the utterances of members. These are fundamental questions we must answer before we proceed,” said Omondi.

His argument was, however, disallowed, with Kaluma saying the courts have no jurisdiction to stop the House from transacting business.

But yesterday,  the MPs condemned what they termed as continued harassment and intimidation of members of the Linda Mwananchi team, insisting that Kibagendi was actually suspended illegally and unlawfully in February.

According to the group, a Speaker can't police the utterances of members of the National Assembly or even the Senate at media houses or other functions.

“It is preposterous for anybody to imagine that what I say in my bedroom is also subject to the Powers and Privileges Act. So, the initial decision, of course, was unlawful and illegal and after that decision was made, Kibagendi took the matter to court as a believer in the rule of law that disputes should be settled under the auspices of the law,” said the ODM secretary general.

He alleged that the House was muzzling the MP due to his sustained criticism of the Social Health Authority.

“If we are asking questions about corruption in SHA, if we are asking questions on whether SHA is working or not, that is our responsibility as MPs. So, for any person to try and victimize members of the National Assembly or Senate for just doing their jobs, it is something that has to be condemned.” 

Babu defended Kibagendi, saying he has the right to speech.

“It is unprofessional conduct on the side of the Speaker and some MPs to disobey court orders whose terms were very clear and unambiguous and binding. Until now, those terms have been very binding. We will, therefore, as members of Linda Mwananchi, proceed and file a judicial review application under certificate of urgency at the High Court and seek for two extraordinary common law remedies, which shall ensure administrative accountability and legality,” he said.

Osotsi urged Kibagendi to move back to court so that the law takes its course.

Omondi claimed Parliament had turned into George Orwell’s Animal Farm.

“This is impunity of the highest order. They have turned themselves into the old disciplinary committees and are behaving like people in the Animal Farm. If you look at our Standing Orders, a member named for the first time can only be suspended for four days on the first instance. They purported to suspend him for 14 days.  They have no such power, even if they were right,” Omondi insisted.

He also referred to the debate on the sale of Safaricom shares, saying that the High Court suspended the process until an even number of judges is empanelled to hear and determine the matter.

“I tried to raise that in the House, I had the court rulings, but was not even allowed to table them as the Standing Order requires. Now I want to put Vodacom on notice if they proceed at all and release any money to the government against the court order. As the next government in this country, we will not pay them that money and we will not allow them to take those shares.”

He condemned the Leader of the Majority Party, Kimani Ichung’wah, over what he described as turning the House into a rally format and often taking up time of the House lecturing his perceived and unknown enemies.

“Parliament is becoming dysfunctional because we have a leadership that does not understand how democracy works. He cannot, every so often, turn Parliament into a podium as if he is addressing his political enemies in Kikuyu constituency. We cannot allow that, Parliament must operate optimally for all sides of the political divide to make their contribution to the development of our country,” he uttered.