(AFP) – Jan 13, 2008

NAIROBI (AFP) — Kenya's opposition clinched its first victory in parliament Tuesday after disputed presidential elections, winning the post of speaker after a close vote in a rowdy session.

Cheers broke out from opposition lawmakers as their candidate was named winner of the close-fought poll, four votes ahead of that of President Mwai Kibaki's Party of National Unity.

"We are under duty to uphold democracy," Kenneth Marende said in an inaugural speech, underlining that the opposition, the largest party in parliament, now held significant sway.

"While the minority must have their say, the majority must have their will," he said.

It was a sweet victory for the party of opposition leader Raila Odinga, who insists Kibaki robbed him of the presidency in disputed polls on December 27, the same day as elections to parliament in which he won a large majority.

Tempers ran high at the first face off between Kibaki and Odinga since the disputed results of the presidential poll triggered nationwide clashes that left 700 people dead and forced 260,000 to flee their homes.

Central Nairobi was under virtual lockdown for the parliamentary session, with a massive police deployment including elite paramilitary units.

Before lawmakers could even be sworn in, the session turned into a slanging match.

"You stole the vote," Odinga's right-hand man William Ruto shouted at the government side, which responded by charging the opposition with using intimidation.

"People are going to be intimidated, people are going to be threatened, their properties are going to be burnt," Justice Minister Martha Karua said.

Outside parliament, tensions were high ahead of a series of banned opposition rallies due to start Wednesday.

Odinga has ignored pleas by religious leaders to call off the protests, despite fears of fresh violence.

Meanwhile, in a further blow to efforts to end the political deadlock, former UN chief Kofi Annan postponed a mission to mediate the crisis "for a few days" after being taken ill with severe flu, the United Nations said in Geneva.

Annan had been chosen to lead a panel of senior African political figures who were to spearhead the mediation process.

The former UN chief "very much regrets this delay, but he is in touch with other members of the panel ... and they will proceed to Nairobi as soon as feasible," a UN statement said.

Annan faces a Herculean task that last week defied his countryman, Ghana's President John Kufuor, the current head of the African Union.

The Kenyan government has rejected the need for international mediation.

"We won the elections so we do not see the point for anyone coming to mediate power-sharing," said Roads and Public Works Minister John Michuki, a hardline member of Kibaki's new cabinet.

While no foreign power has come out strongly against Kibaki, international observers have voiced concern over flaws in the vote tallying and the European Union on Tuesday hinted it could downgrade its aid to Kenya.

"All options are open on aid," said Johannes Laitenberger, chief spokesman for the EU's executive body.

His remarks came a day after EU Humanitarian Aid Commissioner Louis Michel said "we will have to adapt the volume of our aid and assistance to Kenya in relation to the way things evolve".

Michel spoke of "irregularities" noted by observers during the elections.

Kenya received some 290 million euros (431 million dollars) in EU aid between 2002 and 2007, a figure expected to rise to 383 million euros from 2008 to 2013.

The inaugural session of parliament was likely to last deep into the night, with the election of a deputy speaker and the swearing in of scores of lawmakers.

The battle for speaker proved tough, with no candidate winning the required two-thirds majority in the first two rounds of voting.

Marende finally won in a third and final round by simple majority, after more than five hours of proceedings.

It remained to be seen whether Odinga's lawmakers would sit on the government benches after being sworn in, as the opposition leader had promised.

Members of Odinga's Orange Democratic Movement (ODM) wore orange handkerchiefs tucked in their suit pockets as they sat in the 222-seat parliament to protest Kibaki's election.

The ODM secured 99 seats in the legislative elections that coincided with the presidential poll, making it the largest single party but short of an overall majority.

Kibaki's Party of National Unity (PNU) won 43 seats.

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