National Assembly Speaker Justin Muturi, MPs split over proposal to set up House watchdog team

The National Assembly is fighting a proposal by the Committee of Privileges to set up an office to check MPs' conduct.

The battle is between National Assembly Speaker Justin Muturi, his deputy Joyce Laboso, Majority Leader Aden Duale and Deputy Minority Leader Jakoyo Midiwo on one hand, and some MPs led by Jimmy Angwenyi (Kitutu Chache North), Chris Wamalwa (Kiminini) and Asman Kamama (Tiaty) on the other.

The proponents of the Office of the Commissioner of Parliamentary Standards and Ethics insist that there is a need for MPs to be checked when doing their job. Mr Duale, who made the proposal and sent it to the Speaker, argued that MPs need someone to “regulate their conduct... particularly when discharging the functions of Parliament.”

Mr Muturi, who is the chairman of the powerful Committee of Privileges, insisted that the commissioner will be an expert to investigate complaints and allegations made against MPs in the House, the way it happens in Britain, Australia and Canada.

The person will be an ombudsman, but without the power required to initiate investigations.

“The office will not conduct any investigations on its own motion, but only upon request by the committee or the Speaker and will only share information with either of the two,” the Speaker said.

“The office will take up the role of formally advising the committee, the Speaker and individual members on matters of adhering to the Leadership and Integrity law, the code of conduct of MPs, conflict of interest and keeping within the requirements of Chapter Six of the Constitution,” he added.

Intrigues

Those familiar with behind-the-scenes intrigues surrounding the job told The Standard on Sunday that the office is required to ward off other government agencies from investigating MPs for malfeasance. It is also meant to make MPs accountable and restrain wanton impunity.

In the face of an intimidated Ethics and Anti-Corruption Commission (EACC) whose commissioners can be removed by MPs at any time, the Speaker is leaning on an internal mechanism to deal with the bad apples within the House.

For a person to do such a job competently, and considering that his reports will end up with the politicians, he/she will have to be in the good books of majority of MPs or else, he will just be kicked out.

The Speaker said: “Given the complexity of these roles... the office will have to be headed by an exceptionally experienced person with a wealth of expertise not only in judicial and parliamentary affairs, but one who clearly appreciates the role and intricacies of being a Member of Parliament.”

Public Accounts Committee chairman Nicholas Gumbo (Rarieda) warned that such an office will need immense goodwill to perform effectively. He pointed out that it will be an “uphill task” for the Speaker and his team to convince the MPs in both Houses that such an office is key.

“It sounds like a good idea, but knowing how parliamentarians work, this is someone who may be set up for failure ab initio. That will be a difficult job. On which article of the Constitution will you anchor such an office? Some will say, Chapter Six (on Leadership and Integrity), but then the framers of the Constitution wanted a self-regulating job,” Eng Gumbo said.

For Wamalwa, who is the Deputy Minority Whip, the office was superfluous, because as per the law, only the EACC had the constitutional mandate to handle integrity queries.

“That office in Parliament is unnecessary. We already have a Committee of Privileges which is chaired by none other than the Speaker. Why should we duplicate? That committee has investigated misconduct before and members have been disciplined. Why do we need to create a job for someone who will be doing nothing?” he posed.

For George Kegoro of the International Centre of Jurists (Kenya Chapter) an internal mechanism within Parliament to check MPs was welcome. But even so, such an office does not preclude the oversight exercised by the Commission on Administrative Justice on other organs.

“We have an external ombudsman established by the Constitution who reports to the people. If Parliament wants to set up an internal mechanism, that will be a creature of Parliament and will report to the Committee on Privileges,” Kegoro said.

Mutava Musyimi (Mbeere South) and Midiwo (Gem) all agree that such an office will be crucial. In their views expressed in a meeting of the National Assembly leadership, the duo insisted that without a “watcher of the watchdog” the battle to maintain discipline and instill integrity in the House will be difficult.

“The issue is actually not whether we want it or not, we actually need it. It is very important. Any self-respecting institution that wants to develop must have internal mechanisms of monitoring and evaluation,” said Musyimi, also the chairman of the Budget and Appropriations Committee.

Midiwo added: “”I don’t think any leader, using taxpayers’ money to carry out oversight on the State organs should be afraid to have someone overseeing their conduct. We are doing so many wrong things that need to be checked.”

When the matter came up in the leadership meeting, Kamama got the support of Majority Whip Katoo ole Metito (Kajiado South) and Angwenyi, who is a commissioner of the Parliamentary Service Commission, there was no need for a “prefect” to check MPs.