Intrigues surrounding the cancellation of today’s Special Sitting of the National Assembly are understood to have been triggered by the differences among political parties in the Azimio-One Kenya Coalition party over who to appoint as the Clerk of the National Assembly.

The two main parties — Jubilee and ODM — were divided over which candidate to back for the seat which was left vacant after Michael Sialai was appointed to take the position of Kenya’s High Commissioner to Namibia. Sialai had attained retirement age.

While Jubilee was backing Samuel Njoroge, who is the Director of Legislative and Procedural Services, ODM leaders were rallying behind Mohammed Ali, who is Senate’s deputy Clerk.

Other potential candidates for the position are Eunice Wanjiku Gichangi (Deputy Clerk in the Senate) and Serah Kioko (Deputy Clerk in the National Assembly).

By last evening, it was understood that MPs allied to ODM were of the opinion that the next parliament elect a new Clerk. They hope that they will have a majority in the House to push their agenda after the August 9 General Election.

“There is a lot of mistrust in this coalition (Azimio). Our brothers are fighting our choice for the Clerk’s position, ignoring the fact that we are on the same side,” said a member of the coalition’s leadership.

Yesterday’s sitting had been called by Speaker Justin Muturi to among other agenda, appointment the Clerk and approve allocations to cash-starved counties. 

The stand-off meant that both agendas collapsed.

Sources who are familiar with the differences but did not want to speak on record for fear of reprisals, claimed that ODM was not recognising other parties in the Azimio coalition. “It is unfortunate that ODM has bulldozed their way and now they have made it impossible for us to sit. I am not sure if we continue like this,  coalition will work,” said the source.

Legal basis

Difference in the coalition came to the fore yesterday after Leader of Minority John Mbadi wrote to his members, asking them not to honour the sitting. 

He, however, did not cite the reasons. He sent the message just hours after minority Whip Junet Mohammed, a close ally of Azimio presidential candidate Raila Odinga on Monday questioned the rationale for convening of the special sitting.

Junet, who is the Azimio la Umoja Secretary-General, said the notice published by the Speaker in newspapers last Friday had no legal basis.

“What is the point of convening the House for a special sitting to install a new Clerk with just days to elections and without a Gazette notice? Can’t it wait? They know that going by the current projections, we will have the numerical strength in the 13th Parliament and seek to have a friendly Clerk now while he is still the Speaker,” Junet said.

Order paper

Leader of Majority Amos Kimunya said it was unfortunate that the House will not have a sitting yet its main aim was to approve additional funding to counties. “I did everything based on my assessment to ensure that counties get their money. I now feel frustrated because I don’t see us getting another opportunity to finish what we wanted to in this session,” said Kimunya.

Speaker Muturi announced that he had canceled today’s sitting because the government printer had declined to gazzette the sitting.

For MPs to convene a special sitting, Standing Order 38 requires the publication of the Order paper showing business proposed to be transacted by the House at least 12 hours before the house meets.

“It is worth noting that the government printer has declined and failed to gazzete the special sittings for reasons not explained to us, despite the requisite documentation being forwarded to his office in good time last week. In the circumstances, therefore, I am compelled to call off the special sittings to allow consultations by the executive,” said Muturi.

In today’s session Muturi was expected to give a ruling on the constitutionality of the controversial Huduma Bill following concerns by Garissa Town MP Aden Duale and civil society groups.

Duale questioned the constitutionality of legislation terming it a concern that needed to be addressed before it was passed. “Seeking to entrench the use of the National Integrated Identity Management System the way it is being raised is against the tenets of the Constitution,” Duale said.

When the bill came for the Third Reading, Muturi was forced to stand down the debate following the issues raised by Duale.

Civil societies have also opposed the bill citing the same issues of its constitutionality.