The tale of two Houses of Parliament

By ISAAC MESO and FRED MAKANA

The 11th Parliament has released a scorecard for its first session since the March 4 General Election. This was the first session under the Constitution of Kenya (2010), which ushered in a bicameral Parliament.

During the sessions, the National Assembly considered 139 motions consisting of procedural, general, special and other motions. It adopted 102 motions, dropped two, debate on one motion was adjourned, and another motion was withdrawn while the House is yet to debate 33 motions.

MPs were able to make requests for statements from either the Leader of Majority or the Chairpersons of Departmental Committees pursuant to Standing Order 44(2) (b) and (c) respectively.

There were a total of 227 requests for statements with 21 directed to the Leader of Majority and 206 directed to the chairs of committees.

The practice of requesting for statements, which started in the Eighth Parliament and involved Members rising on a point of order to request for statements by way of questions, was abolished. This was limited to matters of urgent national importance, and would be responded by the ministers in the Plenary. In the Tenth Parliament, this was codified in the 2008 Standing Orders and was renamed as statements.

In the Speaker’s communication on June 12, he informed MPs of the apparent shift from a Parliamentary system to a Presidential system, which has seen the interaction between the Executive and the Legislature limited to the Parliamentary Committees.

The bills that were passed but still await presidential assent include:  The Truth, Justice and Reconciliation (Amendment) Bill, 2013; The Media Council Bill; The Vetting of Judges and Magistrates 2013 among others

During this session, the House also managed to carry out certain functions which were unique to its role and responsibilities.

It’s on record that on December 5, 2013, the House received a request for approval for the deployment of Kenya Defense Forces (KDF) to assist in restoring peace and order in Marsabit, Samburu, West Pokot and Turkana. The House approved the request from Head of State.

The House approved the Uwezo Regulations pursuant to the Public Finance Act section 24, 25 and 205, as had been requested by the State Department of Devolution and Planning and the State Department of Sports, Culture and Arts.

Apart from approving the regulations, the House also approved the establishment of the Uwezo Fund.  The National Honours Regulations, 2013, were also referred to the Committee on Labour and Social Welfare for consideration.

The treaties

During this period, the House also received request for approval of three sets of treaties and agreement on Climate change and Air services agreement between the Republic of Kenya and other states.

The report also shows that during the first session, the Parliament received 26 petitions of which 18 were presented by Members on behalf of  the public while the rest were conveyed  to the House by  the Speaker on behalf of the public. All these petitions have now been forwarded to the relevant departmental committees for consideration.

The first session also saw the vetting and approval of appointees to public offices by the Parliament. Some of the public officers who got vetted by included Cabinet Secretaries.

The vetting of Cabinet Secretaries was undertaken by the Committee on Appointments on May 14, 2013, and June 5, 2013. 

The first report of the Committee considered the appointments of 16 Cabinet Secretaries, while the second report considered the appointments of two others.

Other State officials who were vetted by Parliament during the first session included  Principal Secretaries, Secretary to Cabinet, Solicitor General, foreign judges and magistrates, Deputy Chief Justice, Nacada chairperson and  Salaries and Remuneration Commission Chairperson.

Despite this, the House also experienced various challenges that came into play as it carried its activities in accordance with the new constitutional dispensation.

The removal of question time for instance, has led to frustration of MPs whose efforts to raise specific matters concerning their constituencies have been defeated.

There has also been a simmering row between the Senate and National Assembly regarding the marshalling of business between the two Houses. This was witnessed during debate on the Division of Revenue Bill 2013.

In addition, there have been ambiguities on the understanding of the legislative functions of the Senate.

In an unprecedented move, the Senate petitioned the Supreme Court seeking advisory on its role in the Division of Revenue Bill, 2013. The Supreme Court delivered an advisory opinion stating that the Senate had a role to play in the Division of Revenue Bill.

The Senate has also been on record challenging the commencement of first reading of eight bills by the National Assembly without prior consultations between the two Speakers.

In his response to the matter, National Assembly Speaker, in a communication delivered to the House on July 3, 2013, conveyed that, in his considered opinion, Articles 109, 110, 111, 112, and 114 of the Constitution read together with the Fourth Schedule confines the legislative role of the Senate to Bills affecting the functions and powers of county governments.

Management of reports on statements requests  by various  committees as requested by members has also been a challenge to the House despite efforts that are being made to harmonise response to these requests by MPs.