MP wants law amended to cushion absentee colleagues

MPs want the law changed to give them more room to go on holiday without having to answer to anyone. They also want a constitutional obligation that forces them to seek the Speaker's permission before taking a foreign or local trip quashed.

In addition, they want another requirement that forces them to explain their absence in the House for eight sittings deleted.

Rarieda MP Nicholas Gumbo has filed a memorandum to Speaker Justin Muturi seeking to shield MPs who miss House sittings from being sent out.

Mr Gumbo wants the Constitution amended to alter the requirement that has acted as a traditional safeguard against truant MPs.

"Article 103(1)(b) is hereby amended by inserting the word 'consecutive' between the words 'eight' and 'sittings' and further deleting the words 'permission in writing, from' and replacing thereof with the word 'notifying'," the proposed amendment reads in part.

This means that a member intending to be absent from the chamber will no longer need the Speaker's consent.

To miss any sitting, an MP requires written permission from the Speaker and anyone missing eight sittings without that permission could lose his or her seat. 

Rongai MP Raymond Moi and his Emgwen counterpart Alex Kosgei have been ordered to appear before the Committee on Privileges to explain their absence.

On Tuesday, Mr Moi sought to set the record straight on the floor of the House, saying the petition against him was engineered by his political opponents. 

"It is a constitutional right for anyone to seek a petition. This petition is from Luka Kigen. I take my Parliament work very seriously. If there are times that I missed, I will be able to answer the questions to the satisfaction of the whole committee," Moi said.

Moi trounced Mr Kigen in the last polls for the Rongai seat. Mr Kosgei was absent when called by Deputy Speaker Joyce Laboso to speak.

"I hope the petitioners are not stooges for people who are bitter over losing the elections and using innocent Kenyans to petition Parliament. The committee could be doing something more constructive. It should be appreciated that MPs have other responsibilities, apart from legislation, which require their attention," said Suba MP John Mbadi.

To change any article of the Constitution that deals with lawmakers, the country will need a referendum.

"Articles 95 and 96 set out the roles of the National Assembly and the Senate. These roles can be discharged in the plenary, in committees, in the constituency or anywhere else inside or outside the country. Therefore, failing to attend a sitting of the House does not mean the member in question is not discharging his/her constitutional duties," Gumbo said.