Tension in Parliament Over Speaker Resignation Debate

A heated exchange has erupted within Kenya’s National Assembly following a letter from Hon. Japheth Mokaya Nyakundi, MP for Kitutu Chache North Constituency, addressing the resignation of the Speaker of the National Assembly.

In the letter, dated October 30, 2024, Nyakundi accused a fellow parliamentarian of ignorance regarding the constitutional role of the Speaker, expressing disappointment at the MP’s failure to grasp the office’s responsibilities both locally and in comparative jurisdictions.

Nyakundi’s response, which emerged after the receipt of a letter on the same subject matter, highlighted the constitutional limitations of the Speaker’s role, particularly emphasizing that the Speaker has no voting powers on decisions in the House as stipulated by Article 122 of the Constitution.

He criticized the unnamed MP for making what he called “unfounded and frivolous statements” regarding the passage of legislation, attributing this to the MP’s repeated absence from parliamentary proceedings.

"Allow me to also note that just like any other Kenyan, the Speaker has freedom of expression to express his opinion and give views on matters of public interest and the exercise of this right cannot be negated. To argue that the Speaker should never give his views on any matter of public interest is indeed a blatant violation of his freedom of expression and is tantamount to cajoling people into acquiescence," said Kitutu Chache North MP Japheth Mokaya Nyakundi

Furthermore, Nyakundi defended the Speaker’s right to freedom of expression, arguing that the suggestion that the Speaker should remain silent on public matters was a violation of the Constitution. He also underlined the Speaker’s extensive experience as a legislator, legal expert, and leader, urging his colleague to refrain from making “baseless” statements.

Nyakundi concluded his letter by offering advice to the MP, suggesting they seek further training on parliamentary practice and attend future House proceedings to avoid misunderstandings. The tension surrounding the Speaker’s resignation is seen as part of ongoing political rifts within Kenya’s National Assembly.