Nairobi Metropolitan Development Minister Mutula Kilonzo, sensing the
House's mood, proposed that President Kibaki and Prime Minister Raila
Odinga take part in the debate.
Mutula spoke after Medical Services Assistant Minister Danson Mungatana
opposed the Constitution of Kenya (Ammendment) Bill, that seeks to
entrench the Tribunal in the Constitution.
Mungatana argued that the Tribunal does not have a clause that would
force public office holders to relinquish their positions while under
investigation.
President, PM missing
Said Mutula: "The President should have been here to move this Bill and
the PM to second it since the offences committed relate to them."
Earlier, Deputy Speaker Farah Maalim threw out an attempt by Gitobu
Imanyara (Imenti-Central, CCU) to block debate on the Bill and the
Special Tribunal for Kenya Bill, which establishes the tribunal.
Imanyara, who blocked fast-tracking debate on the two Bills last
Thursday, sprang a new challenge to Justice Minister Martha Karua's bid
to initiate debate on them at Second Reading.
He argued it would be unconstitutional and a breach of Parliament's
Standing Orders to debate the Bills following the expiry last Friday of
the timetable set by Justice Phillip Waki to establish the tribunal.
But Karua dismissed his argument as mere playing to the gallery'.
She said the Bills were before the House and it was upon MPs to decide their (Bills) fate but not blocking debate on them.
Karua got support from Mutula, who said: "The Bills are already the
property of this House, 37 million Kenyans and those yet to be born."
Invoking Section 30 of the Constitution, he said the legislative authority rests with Parliament.
Lands Minister James Orengo said Waki's recommendations were just
proposals, adding: "We can choose to comply with or reject them".
But Bonny Khalwale (Ikolomani, New Ford-K) said Waki's recommendations
were cast in stone, given that the Cabinet and Parliament adopted them
without ammendments.
"The Bill is not properly before the House. You had all the time to
beat the deadline. We would be taking Parliament for granted if this
Bill is discussed," said Khalwale.
Acting in futility
Olago-Aluoch (Kisumu Town West, ODM) said the House would be acting in futility if it debated the two Bills.
But Chairman of Parliamentary Committee on the Administration of
Justice and Legal Affairs Abdikadir Mohammed dismissed the argument,
saying the Waki Report contained recommendations only and could not
determine House business.
Though Farah ruled in Karua and her supporters' favour, some MPs openly
objected the tribunal, with Peter Mwathi (Limuru, PNU) declaring that
he would vote against it when it comes up for voting.
Cyrus Jirongo (Lugari, Kaddu) in opposing the Bill said the country lacks the capacity to handle the Waki Report.
He accused Kibaki and Raila of sitting pretty and forgetting to carry
out reforms. "I would urge minister (Karua) to withdraw this Bill and
let people go to The Hague," said Jirongo.
Mwathi took issue with the precedents arguing past commissions'
recommendations had failed to exercise justice to victims of injustice
and saw Waki's as no exception.
Though the debate on the Bill was not concluded yesterday, the trend
taken by MPs is a pointer to fears that the tribunal may be a pipe
dream given that it requires 148 MPs to enact the Bills into law.
Sources said the MPs were lobbying to deny the House the necessary
quorum to pass the Bills in retaliation to Kibaki's insensitivity to
Parliament by reinstating Trade Minister Amos Kimunya.