• Speaker expected to balance the danger of setting a bad precedent against the pressure by parties pushing for removal.
• ODM wants the PSC and Health committee posts as part of the purge of leaders said to rebel against the party and its objectives.
National Assembly Speaker Justin Muturi faces a tough balancing act as ODM pushes to remove Malindi MP Aisha Jumwa from the powerful Parliamentary Service Commission.
The speaker is expected to make a ruling on whether ODM will be able to revoke the nomination of the vocal MP, who is a close ally of Deputy President William Ruto.
In his ruling, Muturi will also give directions on ODM's other move to de-whip Ugenya MP David Ochieng' from the Health committee. ODM says he is not in tune with its objectives but has not cited particular political offences.
Raila Odinga's ODM, through minority leadership in the House on Tuesday, put forward a strong case to the Speaker. The party argued it was within the law and its rights to strip Jumwa and Ochieng' of their positions.
Ochieng’ was elected on MDG (Movement for Democracy and Growth) party ticket. He has protested Nasa's move to de-whip him from a House committee as his party is not part of the Nasa coalition.
He has argued committees are a subset of the main House, hence, members cannot be shut out.
Muturi’s ruling will be precedent-setting, as it will go a long way in giving directions on how political parties can recall their representatives to the PSC.
He is set to rule on Thursday afternoon.
The PSC is a statutory body that employs and pays MPs and parliamentary staff. Its commissioners enjoy generous allowances and other privileges in addition to their salaries.
As commissioners have security of tenure - five years - Muturi's decision and reasoning will be keenly followed to see if the Speaker can open the gates for recall or close avenues for removal.
Parties have been insisting they have the authority to recall their members from the PSC to instil discipline in those they call errant members.
Last week, the Nasa Parliamentary Group Meeting resolved to de-whip several rebel MPs from leadership slots in the House and approved the recall of Jumwa.
The aim is to replace her with Likoni MP Mishi Mboko, a key ally of Raila.
Also of interest is how Muturi balances the scales to grant justice to MPs and the political party keen on punishing them.
ODM took its cue from Jubilee, which has since removed members perceived to rebel against President Uhuru Kenyatta's agenda.
Parties in the case have urged the Speaker to apply the provisions of the Constitution, the Standing Orders and the rules guiding the appointment of members to the extra House roles.
On Tuesday, Rarieda MP Otiende Amollo implored Muturi to focus on Article 127 of the Constitution that states an appointed member can be removed by Parliament.
The MP urged the Speaker to apply this alongside Section 10 of the Parliamentary Service Act, which spells out the procedure.
“It is us members who appoint commissioners to serve our purposes. And if they don’t, we are at liberty to revoke that appointment, even without giving reasons,” Amollo said.
The MP said since the party did not give reasons when appointing the affected MPs, a motion backed by 87 members would suffice.
ODM chairman John Mbadi weighed in, saying "Standard reasoning is that you cannot fail to fire a person you hire…the only thing you need to do is follow a process.”
On representation as a factor, he cited the Standing Orders, which state "a member belonging to a party other than parliamentary party may be nominated to serve in a committee."
Mbadi argues that since Kenya uses a quasi-presidential system, the role of Parliament is distinct and hence not under the directives of minority or majority parties.
On Tuesday Ochieng said, “I am not saying I can’t be disciplined but as long as it is by the MDG party, unless the MDG NEC (National Executive Council) enters into a coalition agreement with the parliamentary parties."
Leader of the Majority Aden Duale said the expected ruling is weighty and will be precedent-setting.
“We are in a presidential system that recognises majority and minority, and parliamentary parties. Ochieng’s party is neither of these. We need a ruling that will be used by future parliaments.”
ODM insisted, however, the MP must vacate the Health Committee slot, saying it belongs to the party.
“He [Ochieng’] can provide oversight in committees where he can be accommodated. We allowed him to occupy the seat, something you can’t force or blackmail [us] into continuing with,” Mbadi said.
(Edited by V. Graham)