By Standard TeamMr Kenneth Otiato Marende was pronounced Speaker of the Tenth Parliament in a cliff-hanger that lasted seven hours.
Nearly an hour later, another ODM candidate, Mr Farah Maalim, ran away with the Deputy Speakers position, putting the icing on the cake for the Opposition party that says it won the last presidential election but was stolen from them.
With the dramatic win, the Orange Democratic Movements Marende beat Mr Francis Xavier Ole Kaparo, who has occupied the seat since Kenya went multi-party in 1992.
Marende, the Emuhaya MP-elect who was backed by the Opposition side, won with 105 votes while Kaparo, backed by the Government side, got 101 votes.
Marendes victory now means a by-election will have to be conducted for his Emuhaya seat, which he had won on December 27, and which he automatically relinquishes.
It was the most hotly contested election of the Speaker of the National Assembly in the country, which pitted ODM against PNU and its affiliate parties, both sides, which are still locked in a bitter dispute over the outcome of the presidential election.
The election of the Speaker, which was presided over by House Clerk Samuel Ndindiri, lasted seven hours, starting from 2.30pm.
It was a storm and acrimony from the start as the bitter rivals came face-to-face on the floor of the House for the first time since the disputed December 27 presidential election which observers described as heavily flawed.
ODM says its presidential candidate, Mr Raila Odinga, won the election.
However, the Government side insists President Kibaki won the election fair and square.
Nail-biting tension built up all afternoon going into last night as the election of the Speaker went into the third round after none of the contestants emerged outright winner.
In the first round, Marende garnered 104 votes to beat Kaparo who got 99. Mr Kalembe Ndile got two votes, another two were spoilt while Ms Njoki Ndungu and Mr Wanyiri Kihoro got none.
In the second round, Marende again beat his closest contestant by garnering 104 votes against Kaparos 102. Kihoro managed one vote while Ndungu and Kalembe each got zero.
National Assembly Clerk, Mr Samuel Ndindiri, ruled that the exercise would exceed the 6.30pm parliamentary deadline since it was a Special Session of the House.
All the 207 MPs who were to be sworn-in last night including President Kibaki and Raila, stayed put to the end as it became apparent every vote would count for the winner.
Before voting started, scenes reminiscent to the post-election bitter days of 1992, when the then Opposition refused to acknowledge former President Moi in Parliament, were re-enacted when the Opposition members sat in silence and declined to stand up when Kibaki entered the chamber shortly after 2.30pm.
Cheers as Raila entered chambers
The Opposition side had shortly before risen and cheered as Raila who ODM believes won the presidential election made his entry accompanied by Pentagon member, Mr Najib Balala.
Only the Government side rose for Kibaki, who made his way to the seat reserved for the President just a couple of metres from Raila, who sat on the Leader of the Official Oppositions seat.
Trouble erupted when Ugenya MP, Mr James Orengo, challenged the Clerk that the Standing Orders do not restrict members to voting by secret ballot as he had prescribed.
There was then a heated debate, with several members, especially seasoned lawyers, coming up to defend their side.
Said Orengo: “Would you tell us those provisions (of secret balloting in election of Speaker) in the Standing Orders from the time of Speaker Humphrey Slade up to Francis Kaparos where its written that the voting is by secret balloting?” asked Orengo.
He added: “When some of you were so clear in their head in the Seventh Parliament, you made sure you deleted a provision requiring that MPs read the name of the President while taking their oath of allegiance”.
Karua sprang up to the defence of the Government side, saying yesterdays was the 10th election of the Speaker and wondered by what method members of the ODM want it changed.
Eldoret North MP, Mr William Ruto, told the Clerk: “You cannot change the rules. Show us where the secret ballot is written in the Standing Orders”.
He went on: “We went for secret ballot in the General Election and you stole!”
Mukurweini MP, Mr Kabando wa Kabando (Safina), claimed that some members had been intimidated and threatened.
When voting started, the Government side went up in arms when they noticed that ODM members were showing their marked ballot papers to Hamisi MP, Mr George Khaniri, and Ndhiwas Orwa Ojode, who were noting them down on a paper.
The Government side argued heatedly that the display of the ballot negated the secret ballot method.
Emotions rose as ODM stood its ground and defended its method that had apparently ambushed the Government side.
But ODM MPs shouted back that the Government side was wary of the open method because they were used to rigging.
“These people are used to rigging, that is why they are afraid of openness,” said Eldoret North MP, Mr William Ruto.
The tussle continued and soon became a battle of wits and minds between lawyers, mainly Orengo, Constitutional Affairs minister Ms Martha Karua and Vice-President Mr Kalonzo Musyoka.
After a short while, voting began and on reaching the 10th person, Kalonzo stood on a point of order to protest at the manner in which some ODM members were showing their colleagues the way they had voted.
“We cannot participate in a flawed process in front of international media. Proceedings should be adjourned altogether,” said Kalonzo.
He said it behoved MPs to abide by the Clerks ruling that any person who did not vote secretly would have his vote invalidated.
Kalonzo expressed fears that having a Speaker who was not neutral would set the country on a wrong footing.
Nyongo blasts Kalonzo
Kisumu Rural MP, Prof Anyang Nyongo (ODM), blasted Kalonzo saying: “You accepted being a Vice-President in a flawed process. Stop being involved in contradictions. Be clear in your mind!”
Attorney-General Mr Amos Wako joined the debate in the House in discussing the weighty issues.
Wako read, then quoted Erskine and May, a book widely referred to in Parliament, detailing the House of Commons election of Speaker.
“The Speaker has to be fair. Standing Orders mention no secret ballot but it has been a tradition that the House has always followed,” said Wako.
But Orengo accused Wako of reading a proposal and the National Assembly Powers and Privileges Act, which had nothing to do with election of Speaker.
Education minister Mr Sam Ongeri said he came to the House with tremendous hope that all will be well.
Narok North MP, Mr William Ole Ntimama (ODM), asked the Clerk not to be intimidated and to go on with the voting process.
“Its my business to show my people who am voting for,” said Ntimama.
However, Lagdera MP Mr Farah Maalim (ODM), who was gunning for the Deputy Speakers position, recalled that when he was in Parliament between 1992-1997, the House was polarised.
Pointing an accusing finger to those on the Government side, Maalim said: “It is very sad to try and emasculate the wishes of the people. You must learn to win and lose. You cannot force an MP to vote the way you want”.
Reported by Maina Muiruri, Ben Agina and Martin Mutua
Lifted and published by Korir, API/APN africanpress@chello.no
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