COMMUNICATION FROM THE CHAIR

Honourable members, on Thursday, 23rd April, 2009 just as the House was about to resume the interrupted debate on the Motion for the approval by the House of the names of the Members nominated to serve on the House Business Committee, the Member for Kisumu Town West; the Honourable John Olago-Aluoch stood on a point of order claiming to raise an issue touching on the ability of this House to defend the Constitution. The Member noted that the Motion for approval of Members of the House Business Committee had been brought by the Honourable Vice-President as Leader of Government Business. He however sought to know from the Chair who under our Constitution is supposed to move the Motion.

Citing the definition of the “Leader of Government Business” in the Standing Orders, which at standing order 2 define the “Leader of Government Business” as “the Minister designated by the Government as the Leader of Government Business in the House” the Member posed the question “who is the Government in the context of the Kenyan situation?” Hon. Olago-Aluoch went on to argue that “Government” in the context of the Kenyan situation is defined by the Constitution and the National Accord and Reconciliation Act and that considering the functions of the Prime Minister as set out in the Constitution, the inference from the Constitution and the National Accord is that the Leader of Government Business and the chairperson of the House Business Committee is a constitutional affair. It was the argument of the Hon. Olago-Aluoch that the Leader of Government Business ought to be the Prime Minister and that it would be unconstitutional for any other person to be the Leader of Government Business or the chairperson of the House Business Committee. Hon. Olago-Aluoch therefore sought a Ruling from the Chair on these matters before the House could proceed.

The Chair took the view that the matters raised by Mr. Olago-Aluoch were weighty and decided to hear a few more contributions from Members before indicating the way to proceed. Honourable Members, what followed was a barrage of learned and educated opinions by many Members canvassing various positions on the issues raised. In the process a number of Members also raised new issues which merit consideration and comment by the Chair. Some of the Members who gave opinion or raised issues include Honourables Mutula Kilonzo, James Orengo, Gitobu Imanyara, Dr. Machage, Kiraitu Murungi, Isaac Ruto, Uhuru Kenyatta, Charles Kilonzo, William Ruto, Walter Nyambati, William Ole Ntimama, Abdul Bahari, Prof. Saitoti, Chris Okemo, Peter Munya, Elizabeth Ongoro, Dr. Naomi Shaban, John mbadi, Prof. Ongeri, Ababu Namwamba, Prof. Anyang’ Nyong’o, Bifwoli Wakoli, Farah Maalim and George Thuo. This list is not exhaustive.

Honourable Members, you will recall that at the end of all the contributions, I delivered a communication in which I among other things promised, without prejudice to the Ruling I undertook to deliver today, to seek direct audience with His Excellency the President and the Right Honourable Prime Minister with a view to bringing the matter of the constitution of the House Business Committee, its chairperson and the Leader of Government Business to a speedy and amicable conclusion. I also undertook to make known to this House, the results of that initiative. Indeed, I will do so in the course of this communication.

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