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Members of the National Assembly from the Kenya Kwanza side yesterday came to the rescue of Samuel Njoroge after they approved his nomination to the position of Clerk of the National Assembly amid protests from the minority side.

The Kenya Kwanza side carried the day after 162 members voted in favour of the motion calling for appointment of Njoroge, who is currently the Director of Legislative and Procedural Services, as clerk. On the minority side, 94 lawmakers voted to have the motion defeated.

The overwhelming support for Njoroge by Kenya Kwanza MPs, it is understood, follows a decision they made during their last week’s Parliamentary Group meeting chaired by President William Ruto.

Motion approved

“The results of the division is as follows, the ‘ayes’ are 162, the ‘nays’ 94, abstentions zero. With that, the ‘ayes’ have it. Consequently the motion is carried,” ruled Speaker Moses Wetangula.

The Azimio la Umoja side, which is the minority, had tried to have Njoroge rejected in favour of acting clerk Serah Kioko.

The Azimio MPs forced a physical voting on the motion after they objected to the Speaker’s ruling that had initially declared Kenya Kwanza, which is the majority side, as having carried the day.

Wetangula had ruled that Kenya Kwanza won during voting by acclamation, but a number of lawmakers from the minority side stood up, forcing the House to go to a division — where they had to individually vote on the motion.

Njoroge will now replace Kioko, who has been the acting Clerk of the National Assembly, having taken over from Michael Sialai, who has retired and is currently Kenya’s High Commissioner to Namibia.

Protests on the motion started after Eldas MP Adan Keynan, who is a commissioner with the Parliamentary Service Commission (PSC), moved the motion for debate and approval.

“That, taking into consideration the recommendations of PSC in its report on the recruitment of the clerk, laid on the table of the House today, Tuesday, November 1, 2022, and pursuant to the provisions of Article 128 (1) of the Constitution, this House approves the appointment of Samuel Njoroge as Clerk of the National Assembly,” reads the motion by Keynan.

Twice, lawmakers in the House tried to object to the motion, forcing Wetangula to intervene to allow Keynan to move it for debate. So serious was the matter that the MPs voted not to allow debate on the motion after it was moved and instead asked Wetangula to put the motion to a vote.

Power to vote

“Each of you has the power and capacity to vote. The Majority side will have their way and the minority side will have their say. But I will not allow this to be turned into a market place. Don’t force me to invoke Standing Order 106 and 107 to kick you out of this House. I have been a member of this House for long and I have never been kicked out,” said  Wetangula.

Following his ruling, Keynan was then allowed to continue moving the motion where he told the members that he was just a messenger who was communicating the decision of the PSC, which is chaired by the Speaker.

In his submission, Keynan pleaded with the MPs to vote for Njoroge, whom he said scored the highest marks during the interview, out of the three others shortlisted for the said position.

While Njoroge scored 87.17 per cent, Mohammed Ali Mohamed scored 76.79 per cent, Eunice Gichangi 76.43 percent and Kioko 75.18 per cent.

Said Keynan: “I am just a messenger. Please do not attack me; listen to the message.  What I would like to tell you is that this position is only contractual for a period of five years. We are lucky that we are the ones deciding who should be our clerk, in the past this process used to be done by PSC.”

He added: “Based on the foregoing, the PSC resolved to have Samuel Njoroge appointed for five years. This position is contractual and therefore not permanent and pensionable. If the nominee performs well, he is eligible for another five years,” said Keynan.

Past vain bid

The process of appointing a new clerk has for long been rocked with controversies. An attempt by the last Parliament to do the same was not successful.

A special sitting that had been called by then-Speaker Justin Muturi to, among other agendas, pass the appointment of Njoroge did not materialise due to differences among political parties.

Jubilee and Orange Democratic Movement (ODM), which are now partners in Azimio, were divided over who to support for the coveted position.

While the Jubilee side backed Njoroge the ODM MPs rallied behind Mohammed Ali, who is Senate’s deputy clerk.