Political parties are formed to capture power, retain it and form a government. However, forming government does not end with constituting the Executive arm of government, but extends to controlling the legislative arm. When Kenya adopted the committee system, the committees went on to become powerful structures.
Key committee roles include oversight of Government, originating bills, conducting hearings, vetting public appointments and budget appropriation. Whereas traditional oversight public investments and public accounts committees are chaired by MPs from the minority party, departmental committees are chaired by members from the majority party. Under this architecture, departmental committees play a significant role in the affairs of Government ministries and departments.
A key consideration in the constitution of committees is party strength in Parliament and so, as the 12th House was being constituted, Jubilee Party found itself in the eye of a storm, having to undertake the delicate balancing act of satisfying the wide interests of its many members and ensuring a balanced representation in committee leadership to conform to the principle of regional balancing and inclusivity.
Regional imbalance
This process became acrimonious when several members defied the consensus reached during the party parliamentary group meeting and got themselves elected to positions that had been reserved for other regions. This led to a glaring regional imbalance. Party disciplinary action was meted out on the renegade MPs, with the final action being their ousters from their chairperson positions. This drew mixed reactions.
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In order to arrive at an objective verdict on this matter, it is important to interrogate it through the triple lenses of the constitutional requirement for Parliament and political parties, the role of political parties in parliamentary processes and finally, on our future national aspirations for political parties. The Constitution requires political parties to reflect national character, uphold national unity and respect the rights of minorities and marginalised groups in the political process.
Further, Article 94 requires Parliament to manifest the diversity of the nation in its processes and structures. The intention of the framers of the Constitution in making the provision for a multi-party republic and linking it to national values was to ensure that political parties reflected the face of Kenya by promoting inclusivity.
Traditionally, political parties have usually utilised the platform of parliamentary group meetings to seek consensus on matters that require their input. This includes the selection of committee leaders where interested members express their interest before a final binding resolution is reached through consensus.
Consensus is a venerated parliamentary tradition that should not be desecrated because it guarantees guided democracy, which ensures that the interests of minorities and special interest groups are protected.
Democratic state
The need to preserve political parties as the bastions of our democracy as per Article 4(2) of our constitution defines Kenya as a multi-party democratic state. As we progress as a nation, a critical aspect of our democratic growth is the continued existence of strong parties that have tradition and an ideological base.
The 106-year-old African National Congress in South Africa has strong internal disciplinary structures that even allow for impeachment of the President. This should be a future aspiration for Kenya where political parties matter, but is only possible if we allow our parties to grow and strengthen their internal structures, including disciplinary mechanisms. We cannot have our own grand parties if we keep glorifying dissent that weakens them.
The principle of utilitarianism aptly summarised by Jeremy Bentham states: “The greatest happiness of the greatest number is the foundation of morals and legislation." The disgruntled MPs’ only basis of defence is denial of individual rights but party and country are bigger than them and as utilitarianism holds, the morally right action is one that produces the most good for all.
Not only are their actions founded on the quicksand of selfishness, they also compromise party unity and negate national values and principles of inclusivity.