A democratic government is associated with human freedoms, democratic progression, inclusive economic prosperity, secure communities and the rule of law. The Jubilee government needs to look itself in the mirror for it is returning the country back to the dark days.
Parliament is the key institution of governance and accountability. However, the National Assembly has surrendered its independence to the Executive. When this happens, the country bleeds and people suffer. The Executive is not treating Parliament as a critical institution of governance.
The National Assembly and Senate have not had a paradigm shift after the promulgation of the Constitution. They have entered into a cosy relationship with the Executive, whom they are supposed to oversee. This cosy relationship has been detrimental to the country.
Contrary to the Constitution, Members of the National Assembly view themselves as inferior to the presidency.
They seem to do what the Executive wants rather than rigorously question it. Kenyans are having serious questions on the effectiveness of parliamentary oversight.
The National Assembly has four fundamental oversight roles. First, it scrutinises debate and enacts legislative requests from the Government.
There is the Jubilee coalition's majority, which is sympathetic to the Government’s agenda, and a minority Cord who have alternative policy to the Government's.
However, all members are primarily, despite the party elected on, members of an independent Parliament as an institution whose responsibility on behalf of Kenyans is to examine and debate legislation in the public sphere prior to voting on the legislation.
For the National Assembly to deliver legislation to the Government on a plate demonstrates that it is no longer that institution of accountability beyond the control of Government, but a meek and submissive institution controlled by the Executive. Secondly, Parliament approves the budget and taxation policy of the Government in order to raise the necessary funds.
Thirdly, Parliament approves spending or estimates (the supply process) on how Government spends the taxes raised. Budgetary approval debates are farcical. The National Assembly has shown itself to be a spineless agency. It does not conduct in-depth analysis, interrogation and challenging of Government expenditure, borrowing and taxation policy measures.
Finally, Government reports to Parliament. There is still some semblance of accountability in this segment since reports are made public and are reported in the media. However, the Government still has some level of control over the writing of reports and their implementation.
These four broad responsibilities clearly demonstrate that Government is responsible to Parliament. However, we now see that the entire parliamentary processes and the institution of Parliament has lost its way and become corrupted and co-opted by the Government.
If Parliament is to regain its proper oversight role, parliamentarians must clearly understand what their proper role is under the new constitutional order.
A parliamentarian on the Government’s side should be aware that he or she is not a member of the Government, but of an independent institution. They may be supportive of the Government’s agenda, but they are not absolved of their core responsibility of ensuring effective oversight.
Government knows that a cosy relationship with parliament means it can do what it wants with little consequences.
If Parliament is to be effective, it has to be the motivator. In addition, if Parliament is to be the motivator, it must be beyond the control of Government.
Achieving this lies in the hands of the individual parliamentarian.
An effective independent parliament knows its roles and responsibilities, and parliamentarians fully knowledgeable and capable of rising to the challenge will ensure effective oversight is enforced.
To deter corruption and impunity in Government, the National Assembly must assert its independent oversight role.
