House Speaker Muturi survives censure Motion

National Assembly Speaker Justin Muturi survived a censure motion on Tuesday as a roughly three-hour debate in the House turned into a review of looking back on his performance and the MPs’ own conduct.

The MPs threw out the Motion filed by Kibwezi West MP Patrick Musimba on the grounds that it lacked merit and substance. It had sought to pass a resolution that Mr Muturi was contemptuous and malicious to MPs.

Mr Muturi is the second Speaker to face a censure Motion after Francis ole Kaparo faced a similar challenge in 2005.

Dr Musimba received support from Nicholas Gumbo (Rarieda) Opiyo Wandai (Ugunja) and Silverse Anami (Shinyalu). Several MPs opposed the Motion and defended Mr Muturi, saying he had brought reforms in the House.

The MPs expressed concern over the deteriorating image of the House and called for a change.

Dr Musimba tabled a file containing what he said was proof that Mr Muturi had continued to degrade the character and the ability of MPs through making contemptuous, malicious and unfounded allegations against them.

The Kibwezi member said the allegations had eroded the collective dignity, esteem and honour of members of Parliament in and out of the House.

“In doing so the Speaker has failed in his constitutional duty to protect the dignity, honour and integrity of the National Assembly, this House expresses displeasure and disappointment with the conduct of the Speaker and censures him,” Dr Musimba said in his Motion.

Moving debate on the Motion, the MP quoted instances where Mr Muturi referred to Members in what he claimed was derogatory language. He said Standing Order 98 gives the Speaker responsibility to promote order and dignity of the House, which Mr Muturi had failed to do.

“The communication of the Speaker has been unparliamentary. On various occasions, MPs have walked out of the House in protest. Muturi’s remarks offend Article 35 of the Constitution on freedom of speech. This should never be permitted,” he said.

He said on February 11 and 18, Mr Muturi referred to Otieno K’Oyoo as walking as if he was at a Muhoroni market.

“What is that one doing now? This is not a public rally. Hon MPs order including Hon MP in bui bui. Order members the Hon Momanyi; you think you can’t be seen because you are vertically challenged? If you choose indolence, you will just have to live to it.

‘‘The honourable MP with a bald head, with a receding hairline, the one behind there. This is not Kibera, you should not shout across the House. This is not Kibera and you are not selling fish,” were part of the excerpts Musimba tabled to prove his case.

“What you wonder is that this questionable language comes from the Speaker himself. We know we can’t challenge the communication from the Chair. The jest of the Speaker’s utterances are defamatory and lack of intelligence and knowledge,” he said.

“Majority of the chairs of the 30 committees of the Assembly are headed by Jubilee. The communication has far-reaching impact that can’t be made without statements of facts,” he said.

Seconding the Motion, Rarieda MP Nicholas Gumbo said the Speaker holds a very exalted office and therefore must present himself in a way that upholds the dignity of the House.

“It may not be wrong to make mistakes from time to time but the institution of Parliament must be seen to be above reproach.

“We don’t require angles to sit in the seat of the Speaker. We require somebody who is impartial. Marende (Kenneth) was a greater listener than Muturi. If the Speaker wants advice, I will tell him to know how to listen and he will benefit from those you consider fools or those who speak badly,” he said.

He called on MPs to debate the motion soberly saying it comes only once in a lifetime. “This House requires people like Dr Musimba who has courage to tell the King that his breadth smells badly,” he said.

The MPs who contributed to the motion whether in support or against called for a complete relook of the image and the conduct of Parliament.

“We have to agree that we have violated provisions of the Constitution. I am as guilty as charged when we violated Standing Orders on 18th December 2014. We must acknowledge there is a problem and we must address it,” Ababu Namwamba said.

He said the 10th Parliament was a war Parliament which was charged with responsibility of panel beating agenda four items and piecing together a new Constitution but managed to pull the country together and protect the dignity of Parliament.

Majority leader Aden Duale, deputy minority leader Jakoyo Midiwo and MP Richard Onyonga said the Speaker was merely implementing decisions made by the House leadership when it met in Mombasa recently.

Duale said Mr Muturi had managed to push reforms unlike his predecessor Marende saying he had managed to secure office space for MPs and given committee chairs free hand to run their teams.

“I oppose this motion, Musimba’s motion lacks substance and clarity. The motion talks about contemptuous, malicious and unfounded allegations against MPs,” he said.

Mr Midiwo said the evidence tabled by Mr Musimba was true. “There is even one attributed to me by the Speaker. It is incumbent upon us to point out our mistakes as we move on. The National Assembly is on public prism as we speak. We need to move in a way that public confidence shall be inspired and that include the Speaker,” he said.

Mr Onyonga disagreed with Mr Musimba, saying MPs have contributed to bringing disrepute to the House.

“There has never been a time when MPs publicly have been accusing each other of stealing public money. We have reached a level of disrepute. I was told by my opponents publicly that we are thieves and people who just open zips. We have been reduced into a laughing stock in the region,” he said.