PARLIAMENT OF KENYA: CONNECTING WITH THE PUBLIC

From (left) University of Nairobi Vice-Chancellor Prof George Magoha, Senate Deputy Speaker Kembi Gitura and Speaker of National Assembly Justin Muturi at the University of Nairobi during the start of parliamentary week.

PARLIAMENT OF KENYA: CONNECTING WITH THE PUBLIC

The proceedings in parliament have been on-going for years without much involvement from the public especially Kenyans who may not be having an opportunity to visit parliament to follow parliamentary proceedings. The speaker of the National Assembly together with his Senate counterpart has set out a parliamentary week which started on Monday 28^th July, 2014 at Taifa Hall, University of Nairobi and it will end on Friday 1^st August, 2014.

 The chief guests who attended the opening of parliamentary week include Justin Muturi (National Assembly Speaker), Kembi Gitura (Deputy Speaker of Senate), Prof George Magoha (Vice Chancellor, University of Nairobi), Prof Okoth Okombo (Political Scientist), Prof Edward Kisiangani (Political analyst) and Prof Maria Nzomo (Director Institute of International Studies, University of Nairobi).

Separation of powers among the three arms of government is the matter which took the centre stage of the discussion with Prof George Magoha  admitting that he could not understand which organ of government  is superior to the other.

During engagement with the public, the National Assembly speaker said the legislature is doing well with other arms of government namely the Judiciary and the Executive. He said there is no competition of superiority and each organ of government works in accordance with the supreme law of Kenya.

“There is no competition of powers in the three arms of government. They all work according to the powers, privileges and duties which are categorically spelled out in the constitution of Kenya,” Justin Muthuri said.

He said though parliament has an oversight role over all other organs of government, it has not utilized that prerogative to suppress them. He said the parliament is very concern with matters which are in interests of the people of Kenya since its members are democratically elected by the people. He further said under Article 94 of the constitution the parliament is charged with the mandate to represent and exercise the sovereignty of the people of Kenya.

There has been also complains from the public, especially those allied to the opposition, that Jubilee Government is using its tyranny of numbers in parliament to pass irrelevant Bills, but the National Assembly Speaker said  tyranny of numbers is not new to the 11^th parliament since it existed in the previous regime. He, however, confirmed that parliament is passing Bills which are “helpful” to the common mwananchi.

The Deputy Speaker of the Senate said the separation of powers should not be vested only across the three branches of government instead county governments at the grassroots level should also be given some powers.

“Separation of powers should not be in three organs of government. We currently have two levels of government and each should be given some powers too,” he said.

He further reiterated that the Senate has powers to summon the governors in matters relating to the use of public funds in the counties. He said this because some governors refused to appear before the senate committee some months ago. The governors had said that the Senate has no powers to summon them.

Gitura also said that Kenya has no absolute democracy and it is currently being elevated and he has beliefs that democracy will be better in Kenya one day.

“Democracy is not a finished product in Kenya, it is a process which takes place over time and it is growing better and better each day,” he emphasized.

The Deputy Speaker further confirmed that there is no Bill which can be tabled in the floor of the house before it goes to the public.

Both speakers confirmed that parliament (Senate and National Assembly) is independent to executive in its budgets and everything else in the current constitution, but Prof  Maria Nzomo reiterated that, checks and balances are inevitable in any democracy. She said the three arms of government should act as a watchdog of each other so that better democracy can be realised in the country.

In reacting to the two speakers, Prof Kisiangani pointed out that there is a crisis in interpreting the constitution among the three arms of government. He said the constitution envisaged the powers to three branches of government, but there should be check and balances among them. He further said Article Three of the constitution gives powers to citizens to check on how the government operates. He added that the two speakers should form an intra-governmental body which brings together executive and legislature.

Prof Okoth Okombo said those who do not know how to interpret the law should consult the committee of experts who wrote the current constitution. He said parliament can enact the law to reduce the powers of the Judiciary, but it is the work of the Judiciary to interpret that law which make the whole process complicate. He, therefore, urged the three arms of government to respect the constitution.

Prof George Magoha told the two speakers of the houses to encourage palpable discussions in their respective houses. He also urged the public to be agents of change. He said one should not wait to be a politician in order to change Kenya.

 The parliamentary week is based on Article 10(2) (a) which states  “participation of the people is one of our country's values and principles of governance” and Article 232(1) (d) which states “meanwhile instructs public servants to include citizens in the process of policy making”.