Actually not @Angelica_ann, when he received two letters (from president, from prime minister) designating different leader of government business, he opted to stand in rather than side with either.
Contra to ODM's wishes he rose above contentious issues of:
1. refusing to swear parliamentary oath to president
2. demanding prime minister to be leader of government business
Only in Jan 2011, when Kibaki unilaterally nominated AG, CJ, Public Prosecuter and Controller of Budget without consulting Prime Minister did he rule parliarment could not discuss until the principals had agreed.