Owino Opondo
11 October 2008
opinion
Nairobi — I cannot resist the temptation to bang a table for our Members of Parliament. And I am not just mad at them. I am pissed off.
Could our MPs show cause why they draw hefty monthly salaries and allowances from our hard-earned incomes?
For it is inconceivable that the debating chamber registered low attendance this week when MPs had just returned from a three-month break.
You see, Parliament is not all about filling seats during Question Time, and then gleefully trooping to the lounge to while away time in endless tittle-tattle.
Let me invoke history to show the essence of the institution of Parliament.
In ancient Greece, men anointed by society as wise met regularly under trees to decide on the affairs of society.
Indeed, the Greeks of yore believed that individual human beings agreed to cede a good constituency of their private rights to get protection, stability and provisions of an effective social organisation or government.
The practice derived from the social contract theory; the belief that all political structures got their legitimacy through the people's consensus on matters that touched on their daily lives.
With time, and with growing population and expanded public needs and political socialisation, there were agitations for not only regular meetings of "the wise" but the push to have such matters addressed within a shorter time through collective, egalitarian agreements.
The breeze of direct representation on socioeconomic and political matters of the society swept yonder. It traversed the geographical borders of Greece and blew through the Americas and the United Kingdom, among other areas.
Kings summoned councils including the noble and the clergy to discuss politics and explore ways and means of taxing the public and settling disputes among members of the society.
More roles
The kings' councils morphed over time to adopt more roles, leading to knights being appointed to represent each country. That was the beginning of representative democracy in which people's will was expressed through their elected representatives.
Parliaments in the former British colonies, the Commonwealth, draw their practices from the traditions inherited from the House of Commons in the United Kingdom at Westminster.
Underlying the traditions was the resolve of the people to defy the monarchy; an intrusive institution that had literally taken over the lives of ordinary Britons. It led to the push for Parliament to have its own authority to decide over the affairs of men (in generic terms).
The British parliament gradually took powers from the monarchy, leading to a number of key reforms in the operations of the House of Commons: more powers to committees and private members, and electing Speaker by secret ballot, among others.
Just like in Britain and other jurisdictions, the roles of parliaments are somewhat similar.
Within the traditional separation of powers - between the Executive, the Legislature and the Judiciary - Parliament, as the freely elected body holds a central place in any democracy. It is the institution through which the will of the people is expressed. Yes, it is through the august House that self-government is realised in practice.
As agents of the people, MPs represent the public in dealings with the other arms of Government and also with different international and sub-national bodies.
These are not roles Parliament can handle competently by pure excitement with members' questions. Nay, debating and scrutinising Bills and cousin legislative documents fulfil them. Here, we need to play back the week's quorum watch.
It was on Tuesday when Parliament reconvened, and a good number of members were in attendance starting 2.30 p.m. when the third session of the tenth House started.
However, their presence ebbed to 13 at 5 p.m. Yet none of them alerted the Speaker that they were ploughing on with debate on Sh117 billion 2008/2009 budget for the Ministry of Education without there being 30 members as required by the rules of procedure. This was in keeping with their trademark conspiracy of silence over wanting numbers.
On Wednesday, only 10 of the 222 members passed the motion by Naivasha MP John Mututho seeking to have the Government allocate 2.5 acres of land to all confirmed veterans of Kenya's independence struggle. That was an important matter decided by a House without quorum.
MPs were at it again the following day - the game of peekaboo. At 6.00 p.m. there were only nine members in attendance, yet the House was debating the Sacco Societies Bill. The proposed law seeks to prefect co-operatives whose members' savings are currently at the mercy of society officials.
It also aims at cushioning co-operators when their societies collapse.
MPs must be reminded that the crafters of the Standing Orders knew the importance of chamber sittings. That explains why such sessions don't coincide with committee work. The wisdom of that arrangement is that the House is richer when members converge in the plenary for debate before deciding the fate of Bills.
Standing Orders
As if to patent laziness, the MPs have quietly deleted a suggestion by the previous Parliament to amend the Standing Orders and disallow the House to pass any Bill or Motion without a quorum.
This is a typical case of an institution racing in the wrong direction at a speed all its own.
A fundamental achievement of the Tenth Parliament, though, has been Speaker Kenneth Marende's decision to allow the state-run Kenya Broadcasting Corporation television and radio to relay live broadcasts of chamber debate.
Perhaps this explains why Parliament these days records highest attendance during Question Time when the proceedings are captured live. For it is the only chance available to the public to watch those MPs who make speeches on TV. However, the session only takes the first two hours of each sitting.
Live coverage of Parliament, in my view, is a good idea which can be improved in two ways. We either stretch it for the total sitting time or we shift it to debates on motions and Bills.
Dedicated lawmakers
That is when Kenyans will know which MPs are dedicated lawmakers. Indeed, there are members who - thanks to live coverage - are only active during Question Time but don't participate in debating motions and Bills, or skip the sessions altogether.
I submit that public funds spent on live coverage of Parliament should be extended to committee sittings to let the public assess performance of MPs in handling matters of national importance. The funds must not finance sideshows and sentimental claptrap that are wont of question sessions.
Kenyans are surviving hard economic times, and each one of us must sweep their front. All, including MPs must earn their keep. They are not doing the public a favour - other than that being their duty - by representing us in Parliament.
Yes, it is time we cast the ghost of the Legislature's obduracy.
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