Kenneth Marende: Former National Assembly Speaker on his 'Solomonic' ruling that changed Kenya

How did you find yourself in politics, considering your soft demeanour?

I was elected chairperson of the students’ council at Kakamega School in Form Three. It was here that I began to harbour and nurture my leadership abilities. In 2002, I developed a keen interest in politics and contested the Emuhaya parliamentary seat, which I won on a Narc ticket. In 2007, I was re-elected on an ODM ticket and subsequently elected Speaker of the National Assembly in 2008—at the height of the post-election crisis.

ODM expected you to favour the party that supported you. How did you overcome that pressure?

I believe in servant, transformative leadership. Sovereignty, democracy, and the rule of law were my guiding principles. I was bold in my decisions, always placing the country’s interests first.

On January 15, 2008, the business on the Order Paper was to elect the Speaker and swear in Members of Parliament. ODM expected me to declare President Kibaki’s presidency illegitimate. However, I saw no legal grounds to do so. Kibaki had been duly elected as MP for Othaya, and no petition had been filed against him. I proceeded with the swearing-in.

What was your most memorable ruling during the 10th Parliament?

One of my most dramatic rulings involved President Kibaki’s nomination of Kalonzo Musyoka as Leader of Government Business in Parliament. I deemed it unconstitutional. However, for the sake of national interest, the legislature needed to function, and I facilitated a breakthrough that unblocked parliamentary business.

In 2011, President Kibaki also attempted to appoint Githu Muigai as Attorney General, Kioko Kilukumi as Solicitor-General, and Justice Visram as Chief Justice. I rejected the submission of their names to Parliament, citing the National Accord and Reconciliation Act—which I held to be as binding as any provision of the Constitution. Though controversial, my ruling served the greater good.

Do you regret any of the rulings you made?

I have no regrets. My rulings were grounded in law and the Constitution I swore to defend. Some decisions were undoubtedly painful, and others believed I could have acted differently, but those rulings served to clarify the expectations and legal framework under which we operated.

You restored order in Parliament and calmed the political climate after the post-election violence. How did you manage that?

My experience as a lawyer and my understanding of human behaviour proved invaluable. I had witnessed how emotions can derail rational discourse. I was fully prepared—I knew the law, the boundaries, and what was necessary to unify the country after violence. Had I taken sides, the violence could have escalated, and the blame would have fallen squarely on my shoulders.

You often caught MPs off-guard with your rulings. How did you do it?

We had become accustomed to predictable parliamentary behaviour. I was always a step ahead in my understanding of the procedures of the House. I applied that knowledge rigorously. I am also a prayerful person.

What do you miss most about being Speaker?

The humorous and creative ways in which members of the opposition conducted their business.

What were your greatest frustrations during the 10th Parliament?

One major frustration was the unpredictable behaviour of some Members of Parliament, which made managing the House difficult. There were instances when Members chose to disregard the rules entirely. We had to strengthen the office of the Sergeant-at-Arms to maintain order—measures we had hoped to avoid. In any sport, there are rules. I’ve never understood why in politics some felt they could play outside them.

Who made your work difficult in Parliament?

Ababu Namwamba, then MP for Budalang’i, who wanted to be sworn in be swearing allegiance to his party leader instead of taking the prescribed oath as a way of protesting Kibaki presidency. I found him out of order and required him to repeat the oath, as stipulated by law. Such defiance made the role of Speaker particularly challenging. 

Did your life change after becoming Speaker?

Absolutely. I no longer participated in debates, which I enjoyed as MP for Emuhaya. My public profile also changed—I lost my quiet anonymity. Even going to a nearby kiosk without being recognised is now impossible.

Additionally, the exposure one receives as a Speaker, both locally and internationally, is substantial—and beneficial. 

In hindsight, would you have done anything differently?

Perhaps I would have initiated more public engagement programmes to demystify Parliament. We could have been more deliberate in educating the public on their role and Parliament’s responsibilities.

Do you believe the Constitution gives the public sufficient power?

Yes. Our model of public participation has been upheld by courts even against decisions made by county or national assemblies. The Judiciary’s interpretations have clarified the legislative process. However, we must also rethink how we engage directly with the public—more time in constituencies, working with communities, may be more impactful than prolonged parliamentary sessions.

Has Parliament lived up to its mandate?

Parliament must hold the Executive accountable, ensure transparency, and improve citizens’ quality of life, demanding accountability and ensuring that every shilling is spent appropriately. During the grand coalition era, we received positive feedback for doing just that.

What were some of Parliament’s major achievements under your leadership?

We made significant strides in promoting gender equality and addressing gender-based violence. Parliament advanced the interests of women and supported the role of men in achieving gender justice.

How do you rate your successor, Justin Muturi?

He did what he could. However, I believe he compromised the neutrality of the Speaker’s office, especially by accepting a tribal coronation. As Speaker, you must represent the entire country. The moment he accepted that title, impartiality was lost.

What advice would you offer incoming MPs?

Adopt a more grounded, humble approach to public service. Resist the lure of status and focus on genuine representation.

What does the future hold for you?

I’m under immense pressure from professionals, clergy, and political leaders in Vihiga to return to politics and contest for the governorship. It’s something I’m seriously considering and will announce when the time is right.

What are you currently doing?

I co-founded a law firm with Dr Kennedy Nyakundi in 2012. The President has, now and then, delegated me to serve as chief mediator in Central Africa and internationally. I was also appointed the Chairman of board of directors of the Kenya Power and Lighting Company. 

Tell us about your family.

In 1987, I began a family with the late Dr Lavender Marende, whom I met at the University of Nairobi. My children from that marriage are now grown and working. I have a second family, whose children are still in school.

What, to you, defines good governance?

Good governance is glaringly absent today. The Executive is often in disarray, hampering service delivery. We face a heavy debt burden, inflated project costs, and the seeming derailment of Vision 2030. Leadership must shift from mere criticism to providing solutions. The country has suffered too long under poor governance.