National Parliament is a pivotal institution of state governance. It is confluence melting point of the knowledge, expertise, culture and ingenuity. This convergence of resourcefulness makes it play an important role in the life of nation state.
It performs three main functions: Make new laws, change existing laws and repeal laws which are no longer needed; represent and articulate the views and wishes of the citizens in decision-making processes; and oversee the activities of the Executive so that the government is accountable to the people.
Since Parliament plays a crucial role in gauging, collating and presenting the views and needs of the people, articulating their expectations and aspirations in determining the national public policy direction, it has to be a strong, effective and efficient institution. This will enable support, promote and entrench constitutionalism, rule of law and good governance. Through the oversight function, Parliament is able to identify problems and policy challenges that require concentration and tackle bureaucratic inertia.
If the national Parliament is to function in an orderly and efficient manner, there must be someone with the authority to democratically regulate its proceedings and working. That someone is the Speaker of the National Assembly and or the Senate. As per constitutional design, both Houses make the National Parliament.
The situation prevailing in Kenya has seen trust and confidence in institution of Parliament steadily decline. Rather than parliamentary democracy, Kenyans see parliamentary dictatorship. The debate quality content is low and shallow. Sanctity of means has lost all value, meaning and relevance. Increasingly, petty political catfights have acquired greater relevance and importance. Crucial national problems are given ethnic, political sycophancy and otherwise parochial angles rather than the critical inquisitorial approach.
The people, right or wrong, feel that the breed of members of national Parliament is selfish, power-hungry, greedy, dishonest hypocrites and power merchants. The national interest comes last. The welfare of the people is at the bottom of priorities. The MPs only concern is to amass wealth and stay in power by whatever means. The privileged position of holding state office is not used for national good and objective. It is personal. Their struggle to amass wealth have left electorate aghast and feeling hopeless. MPs have lowered the leadership threshold to ridiculous levels. Even basic decorum is not spared.
There is decline in the hours spent in constructive work. Absence in the House is the norm. Yet MPs receive colossal pay in form of salary and allowances. The parliamentary committees lack in substance. Committees’ rudimentary inquiries offer very little veritable insights and profound findings for solid actions and policy recommendations.
Parliament is an institution that ought to provide social and political unity. However, blind political loyalty and desperation for correctness politics has caused Parliament to serve primarily as a public forum for the ventilation of grievances rather than a law‐making body and unifying institution. Members should have difference of policy but not trapping the country in the rut of immature and hollow politics.
What should worry Kenyans most is the lackluster and divisive role the Speaker of the National Assembly has played in lowering the standards of parliamentary work, proceedings and conduct of members. Speaker of National Assembly has to be someone with experience and gravitas for enforcing rule of law.
The Speaker of the National Assembly Justin Njoka Muturi has shown disdain for the institution of Parliament as a check on the Executive. He is an egregious error. His baba na mama political correctness and loyalty to the political godfather is repugnant with depressive effect to the credibility of the House.
Muturi has been a serious detriment to the National Assembly and the country at large. The Speaker is agent of old KANU politics. He forgets that Kenya has new order. He is captive to the big man syndrome politics. His election was more appointive by big man though there was pretence of election by members. His loyalty is not to the people of Kenya and their Constitution but to his historical political friends.
Muturi lacks any record of accomplishment of reform credentials. He is a neo-conservative conformist closely associated with former repressive KANU regime; the bulky remnants form bedrock of ruling The National Alliance (TNA). Most of his parliamentary decisions are biased and bring out someone who plays political marionette role. He has significantly eroded the reputation and credibility of the House, lowering the quality of the debate and work of the National Assembly. He poses threat of returning Parliament to old days of executive control or appendage.
Speaker Muturi was strongly castigated by Supreme Court of Kenya after allowing National Assembly to disregard the position and role of the Senate in the revenue allocation Bill. The Supreme Court made very adverse findings on him and his contested decision. It found him as someone with little desire to follow the law and personal competence lacking.
Another recent case of constituting Whole House oversight Committee that wanted to summon the Cabinet Secretaries for questions about various works in their respective dockets. Constitution has set oversight procedure. The procedure must live to the letter and spirit of the Supreme Law.
Speaker Justin Muturi did not surprise anyone. He quickly behaved in a manner that betrayed where his loyalty is beholden. It is not the People of Kenya or rule of law to Speaker Muturi. It is an individual interest. Commission on the Implementation of the Constitution (CIC) has gone to court seeking declaration that Honourable Speaker Muturi is unfit to hold public office.
The office of Speaker is one of prestige, splendor and authority. The office of the Speaker occupies a pivotal position in Constitution and instilling culture of constitutional democracy. While the MPs represent the individual constituencies, the Speaker represents the full authority of the House itself. The Speaker symbolises the dignity and power of the House over which she/he is presiding. Therefore, it is expected that the holder of this office of high dignity have to be one who can represent the House in all its manifestations.
The responsibility entrusted to the Speaker is so onerous that he or she cannot afford to overlook any aspect of parliamentary life. Speaker’s actions come under scrutiny in the House and the public. With the televising of proceedings of Parliament, the small screen brings to millions of households in the country the day-to-day developments in the House, making the Speaker’s task all the more important.
Even though the Speaker speaks rarely in the House, when he or she does so, it is for the House as a whole. The Speaker is looked upon as the true guardian of the public interest, Constitution and practice of true constitutional parliamentary democracy. Speaker’s unique position is illustrated by the fact that the holder of the office is placed very high in the Warrant of Precedence in the country, standing next only to the President, Chief Justice, and the Deputy President.
The smooth and orderly conduct of the National Assembly is primarily Speaker’s responsibility. Within the August House and in all matters connected with the House, Speaker’s word is final. And therefore, independence and impartiality are the two important attributes of the office of the Speaker. Speaker’s conduct cannot be discussed except on a substantive motion. Once elected the Speaker, you cease to associate or engage with party politics or activities. The Speaker is obliged to conduct the business and regulates the proceedings of the House. The functions are performed in accordance with the provisions of the Constitution and the rules of the procedure and conduct of the business of the National Assembly.
The Speaker is the final interpreter of the provisions of the Constitution and the rule of procedure within the House. In respect of matters not specially provided for in the rules, the Speaker has residuary powers to issue directions. In doing so, Speaker may call upon a member to place before him facts, evidence and information, which he or she may consider necessary in arriving at a decision. Speaker’s ruling on a matter in the House is final. However, in doing so, the Speaker is required to look into the material facts and legal standpoint.
The Speaker has to be sensitive to the atmosphere in the House. While National Parliament has become more representative, the fragmentation currently in the House has seen the decline of the National Assembly in status and effectiveness. This deteriorating standard and decline is a matter of deep sense of concern.
There must be a solution to restoring the dignity and professional work ethics of the National Parliament. Comprehensive Parliamentary reforms are necessary as an integrated approach to reforms in all other sectors of the society.
First, Justin Muturi has to cease being Speaker of the National Assembly. Second, there is need to form a lean multi-stakeholder taskforce to consider the various issues and policy options to make national Parliament a more effective instrument of socio-economic development and national rejuvenation. Third, build a better image of Parliament as belonging to the people and not to MPs by establishing a new rapport between the people and Parliament. Fourth, improve the quality and conduct of members.
Fifth, reduce expenditure on Parliament and make membership financially less attractive and more motivated by the spirit of sacrifice and service. Sixth, quash forthwith all the unconstitutional executive related functions performed by members either covertly or overtly. Seventh, improve information supply and efficacy of committees’ scrutiny. Ninth, set legislative planning and improve the quality of law making to closer committee scrutiny and raising economic policy to non-party levels. Tenth, codify privileges.
Eleventh, improve working of political parties, floor management and parliamentary timetable. Twelfth, rationalize and modernize rules of procedure to meet today’s needs. Finally, decriminalize politics by raising integrity bar of members.
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