Date: Thu, 30 Apr 2009 07:10:41 -0700 [09:10:41 AM CDT]
From: Lordvick Otieno
Subject: Re: ATTN: MATUNDA -: MARENDE to chair HBC

Bwana Nzuve,
As much as you’ve tried, you must have noticed through the reactions that Odds are overwhelimingly tilted against your well thought views.
I detect a hidden recentment in PLO’s argument, which I suspect you must have taken inspirations from and borrowed heavily but to me his argument seem hollow, one sided and may have bordered on interllectual dishonesty.
Compared to Marende, who admitted Executive powers under Section 23 of the Constitution, and went on and inter related it to the reality of the Acts within the Accord, that cannot be ignored, PLO carefully omitted this and did not explore the circumstances under which Executive powers were to be shared equally and the circunstances that forced reality at hand.
You may defend the VP that, what he did was political survival but was it not for the wrong course that has led to untold sufferings for Millions of Kenyans.
Refusing ODM’s VP offer that he MUST be the ODM ‘torch bearer’, then split the Mainstreem Opposition and accept PNU’s VP slot, he had earlier refused in ODM, knowing very well they rigged did not add value. Had he joined the real winners of the polls ODM, where would have PNU closed in the gap with 14 MPs to stall the reforms they are now using him to perpetuate.
Tell me how he saved this country from chaos by joining the ‘losers’, which to me is very ironical.
Please see the logics and help save this country from reknowned ultra non reformists of Nyayo wasted yesterdays. No wonder the Women are demanding his resignation.

— On Thu, 4/30/09, Dickens Odhiambo wrote:

From: Dickens Odhiambo
Subject: ATTN: MATUNDA -: MARENDE to chair HBC
Date: Thursday, April 30, 2009, 8:20 AM

Matunda,

Could you please read carefully what my namesake says
below?

—–Original Message—–
From: odhiambo okecth
Sent: Wednesday, April 29, 2009 5:19 AM
Subject: Re: MARENDE to chair HBC

Lawrence,

I know you are referring to what Paul
Mwangi and Plo penned over the weekend. I do not
know whether you also
read the informed analysis from Pheroze Nowrogee
[sp].

But in
reading Pheroze, and in hearing our able House
Speaker, [Marende for
President!], I am convinced that some lawyers are
just out to lie to the
public.

You cannot read the National Accord in isolation of the
Constitution. At Chapter 15, and Hon Marende
brought this out so
clearly, the Accord became embedded in our laws to
the extent that any
inconsistency forthcoming, the Accord takes over.

Lastly, the
Speaker brought this out so clearly, the National
Accord did not come
into being because we were friends. It came into
being because we were
killing each other, and such were the times when
reason had to
prevail.

That reason prevailed courtesy of the National Accord.
Such were the extra ordinary times that had to call
for extra ordinary
measures. When my friend in the legal profession
chooses to read only
what is convenient, they are trying to tell us that
nothing had happened
to warrant the enactment of the National Accord.

In his landmark
ruling, and I agree with him in total, Hon Marende
has reminded both
President Kibaki and Prime Minister Odinga that
Kenya is more superior.
They are in this together as partners whether they
like it or
not.

Secondly, Hon Marende has asserted the Independence of the
Legislature. President Kibaki wanted to overrun the
Legislature just
like he has overrun the Judiciary. And Marende has
put a check on to
this.

Let us all deal with the issues as presented by the House
Speaker. Let us assert the Independence of the 3
arms of government to
create a stable Kenya.

Lastly, let our political leaders stop
being too clever for each other. The country calls
upon them to show
leadership.

Odhiambo T Oketch
Komarock Nairobi.

— On Wed, 4/29/09, Lawrence Nzuve wrote:

From: Lawrence Nzuve
Subject: [YP_Ke] Re: MARENDE to chair HBC
Date: Wednesday, April 29, 2009, 1:35 AM

Professionals

I am going to indulge in
this pet subject since yesterday not because i
think it helps much but
because i think my view counts as a YP.First when
i read the Accord (
I must point out that i am not a lawyer and so i
may not understand
everything) it was quite clear on a number of
occasions to where
executive authority lies. I also had the
privilege of reading a
lawyer’s perspective on Sunday and i think he
went to great lengths to
explain the options that both parties have. The
problem seems to have
arisen from ODM lawyers who did not see some
obvious loopholes on the
Accord because they must have assumed that the
president is a
gentleman as was assumed in 2002 with disastrous
effects.Speaker
Marende would have indeed upheld the constitution
of Kenya by
respecting the president’s choice of the VP
wherever he comes from or
Saitoti or whoever else because the constitution
directly mandates him
to do so. The constitutions of Uganda, Tanzania,
India, Britain and
South Africa say without ambiguity who should
appoint and serve as the
LOGB in the house. Given that Raila is not his
junior as has been
argued for many a time, could he have actually
appointed him? Would
the PM not have taken this to be a junior role?
Since the two of them;
President and the PM are equal partners or
co-presidents as some
prefer to refer to them, would the VP’s duty
not be junior? The
speaker could have avoided dictating to the
executive as he said he
did not want to, by upholding the constitution
which should be read
together with the Accord, and which does not
envisage the PM as the
leader of government business in the House.
Sample this; the president
automatically assumes leader of government
business when he is in the
house. So what happens when the President and PM
are in the house
together and the PM is the leader of Government
business. The
president then becomes his boss! I still insist
The Speaker merely
postponed the problem and added another job to
his otherwise busy
schedule. What if each side sticks to its guns
and does not bulge. He
could serve for a long time and if the president
gets fed up, he still
can prologue the house and precipitate another
grand standing. So
Kenyans have not won yet and the Speaker is not
the Solomon many think
he is! To quote the Gichugu legislator, ‘he
only acquitted himself
well’ As for Kalonzo being everything from a
traitor to a spoiler,
that is beside the point. Anything that man did
was political survival
for the party and for himself. ODM did the same
so did KANU and all the other parties. The duel
is between the PM and
the President, ODM and PNU and not ODM and
ODM-K.get that right. And
the last one, going to court will not solve
anything because
parliament has no obligation to honor court
rulings against it. The
solution is for the president to persuade the PM
to accept his choice
or just keep quiet and let Marende get tired and
hand over the
appointment to the one appointed by the
President.

On Tue, Apr 28, 2009 at
8:00 PM, Franklyne Terewa wrote:

Am not a good political analyst but if i had to
give my opinions on Marendes ruling,i will start far away. The frustrations of ODM in government has been so open that even a blind and deaf
person could see and hear it. Kalonzo is not a PNU member and his party ODM-K is not part of the coalition government,he is a mere appointee of the president and therefore the continued backing of the PNU for Kalonzo only adds salt to the open wounds of ODM.
Mutahi Ngunyi said,Marende is an ODM member and at the end of the day outside parliament,he reports to Raila as his boss or party leader. Who knows maybe after Kibaki did a Kalonzo for HBC letter to the speaker,he reported this to Raila and they laid a plot to counter this arrogance of Kibaki. Raila ofcourse doesnt want to be a cause of another chaos in the country and so he proposes himself as HBC leader and consequently does a letter for this to be delivered to the speaker the following day.
Now the next move was to create tension but at the end of the day the learned friends in ODM were plotting the parliamentary and non
parliamentary ways of ensuring they are getting their half loaf.
Look at the way the ODM members were smiling at the time of the
speaker’s ruling and the gloom on the faces of Kalonzo and PNU
members,atleast i could smell something fishy, ODM indirectly won
this and they are going to manipulate parliament properly with
their numbers,now PNU will have to spend alot of tax payers money
as parliament goes to vote on motions which will come in back to
back. It is not over yet,this just began.

On 4/28/09, Joash Malawa wrote:

If there is ever wisdom,then the Kenyan house speaker
utilized it this time in the political atmosphere.Thanx to the Lord AND FROM NOW ONWARDS, we should follow the law and not let it to be interpreted to suit politicians fate even with senior council members like Mutula.

— On Tue,4/28/09, Henry Kamau wrote:

From: Henry Kamau
Subject: MARENDE to chair HBC
Date: Tuesday, April 28, 2009, 6:43 AM

House Speaker Kenneth Marende has ruled that he will serve as chair of the House Business Committee for an interim period.

He has said that he will hold that position until he receives communication
from the government on an acceptable member to serve as chair and leader of Government Business.

His ruling comes after a week of stalled House business after coalition partners PNU and ODM both laid claim to the two positions.

PNU held that Vice President Kalonzo Musyoka should serve in both
positions, while ODM insisted that Prime Minister Raila
Odinga should be appointed.

Both sides dug in and
the situation crippled Parliament business with the
Speaker offering to dialogue with the President and the PM to resolve
the stalemate. However, Mr Marende was unable to
meet either the PM or President Kibaki.
>

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