Owino Opondo
13 July 2008
analysis
Nairobi — The rising assertiveness shown by the Tenth Parliament is a welcome democratic development, as the country's supreme law making organ the Legislature keeps the Executive and other wings of government under constant check.
It does this by debating and approving the annual budget and handling of constituency and national interests.
Parliament has undergone a number of positive changes since independence in 1963, but had largely lagged behind in taming the excesses of the Executive.
There were days when Parliament acted as a mere rubber-stamp for decisions made by the Executive and the ruling party.
An example would suffice. In 1975, Butere MP Martin Shikuku and deputy speaker Jean Marie Seroney were arrested within the precincts of Parliament moments after a controversial debate in the House.
Public protest
With Mr Seroney in the chair, Mr Shikuku claimed the then ruling party, Kanu, was as good as dead. Pressed to withdraw the remark, Mr Seroney retorted that there was no need to substantiate the obvious.
After the arrest the two were whisked away to Kamiti Maximum Prison for the "crime", and were only released a few days later to quell public protests.
Kenyatta's successor, Daniel arap Moi, seemed to have been a good student of his successor on railroading the work of Parliament. Add the measly salaries and allowances paid to MPs at the time, Moi manipulated them with handouts to defect from their political parties to join Kanu and play ball on the floor of the House.
The net effect of the Moi machinations reduced Parliament to a jamboree for deal cutting and the President's praise singers. The Executive had both its say and way and became the final arbiter over the political, social and economic pulse of the country.
Highly educated
Highly educated, but financially starved, MPs put aside their credentials and morality to worship at the altar of presidential largesse. The affairs of those who elected them to Parliament were given a wide berth.
The sad state of affairs was to change in 2001 with the establishment of the Parliamentary Service Commission. The ten-member team comprising the Speaker as the chairman and MPs as commissioners sets salaries and allowances for the MPs and staff of the National Assembly.
Upon its inception, it immediately went into work and pushed pay and perks of MPs to the roof. For the precious cost of representative democracy, nothing is wrong with that.
There was immediate positive change in well-paid MPs strengthening Parliament's oversight role over the Executive; a firm House that, through individual members and committees, stands firm to interrogate matters on behalf of the public.
In fact, watchers of Kenya's Tenth Parliament, with more than a half of its members as first-timers, are agreed that it is showing a degree alertness never witnessed before in the country.
Through a hybrid censure and vote-of-no-confidence motion, it has forced Finance minister Amos Kimunya to "step aside" and pave the way for investigations over the sale of the Grand Regency Hotel.
I will always vouch for an independent and alert Parliament that competently bears the big burden of protecting the taxpayers' interests.
However, the enormity of allegations, and sheer number of documents on the same tabled by members, made in the House over the past few weeks are cause for us to re-think the rising assertiveness of the Tenth Parliament.
In a grand coalition government where the role of political parties has fizzled out, the Tenth Parliament is akin to a House membered with untethered troops without commanders. Good and bad.
Good because it liberates individual MPs from the shackles of party limitations in legislation. Tricky because parties act as a taming factor that promotes discipline among its members.
I insist that MPs are in order when they table documents to firm their claims. However, it is upon the Speaker and the House to confirm and agree on their authenticity. This means that MPs must conduct thorough research and harvest relevant documents before putting them on the Dispatch Box.
In my view, there must be a clear difference between scandal-mongering and good intentions among members. Anything short of that could afford dissatisfied contractors an avenue for sneaking documents to the table of the House, thereby sullying its integrity altogether.
MPs must be guided by the rules of procedure if they truly want to retain Parliament as the clearing house for competing interests. I say this because Parliament's main work is law making; a role that cannot be swapped with scandal peddling.
Members may as well task relevant investigative bodies with that work and then concentrate on their core business.
If you want to prove me right, just visit Parliament during question time or whenever a ministerial statement is being made. Or come to the public galleries whenever members adjourn to discuss a matter they deem is of urgent national importance.
It is at such times that the benches literally flow with members. That number, unfortunately, drops, sometimes to less than 10 of the total 222, whenever the House starts debating Bills. This has led to interruptions or early breaks due to lack of quorum.
Early breaks
In my view, most members of the Tenth Parliament seem to be more interested in fighting one another than resolving the most germane problems afflicting the country, with the media in tow. That is unfortunate.
Kenyans are paying heavily for free, fair and unblemished democracy. It must come from a Parliament that is accountable and responsible.
Nay, our august House must at all costs shun the temptation to enjoy the ignoble prerogative of the harlot.
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