Good, greedy side of Kenya’s 10th Parliament

By Alex Ndegwa

Parliament had an eventful 2012 passing laws that will help improve governance, but the MPs equally engaged in mischief to secure their sectarian interests.

MPs had by December 18 passed a record 97 Bills, including those to implement the Constitution and reform the education, insurance, financial and health sectors.

Explosive debate like censure Motions to reprimand public officials that usually spice up sessions did not lack from the agenda.

Theatrics from mavericks like Makadara MP Mike ‘Sonko’ Mbuvi occasionally stirred the House offering comic relief during otherwise humdrum debates. Parliament reopened in February to pending Constitutional Bills, which had a February 27 deadline among them, the crucial Devolution Bills.

The County Government Bill caused a standoff between the House and the President, who rejected attempts to empower the governor to chair the County Security Council.

MPs backed off by reinstating the security function to the national government and deleting another clause that provided for the redeployment of the Provincial Administration to counties.

Also in the in-tray was the Independent Electoral and Boundaries Commission report on the creation of 80 new constituencies, which had stalled in political acrimony. After two days of acrimonious debate in March, Parliament approved the report providing for 290 constituencies and 1,450 county wards but sought an additional 100 wards and redrawing of boundaries.

IEBC, however, rejected proposals to carve out clan enclaves and gerrymandering by MPs scheming to influence the outcome of the General Election in their own and their allies favour.

In the same month a report authored by a House committee after a probe on the rapid depreciation of the shilling caused a storm. The investigation was necessary given the economic turmoil of a weakened shilling, but the cause was poisoned when debate veered to ethnic and political tussles.

A recommendation for the removal of Central Bank Governor Njuguna Ndung’u was expunged after a controversial vote.

Sonko had a spectacular flip-flopping during the debate, initially dismissing the performance of the Governor and later changing his mind.

“Kutokana na ripoti ambayo nimetoa tunamwomba huyu gavana ajiuzulu kazi kwa sababu kazi imemshinda (based on this report, we ask the Governor to resign because he has failed),” said Sonko.

But shortly thereafter, he voted for an amendment to expunge sections of the reports that adversely mentioned Prof Ndung’u.

A month later the indecision by some MPs was evident during consideration of a report on appointments to the Ethics and Anti-Corruption Commission.

After vetting, the Justice and Legal Affairs committee had opposed the nominations of Mumo Matemu, Jane Onsongo and Irene Keino.

Saboti MP Eugene Wamalwa, a member of the committee, had backed the recommendations to reject the nominees saying they “did not satisfy us.” But on May 10, Mr Wamalwa – as Justice minister – seconded a Motion to approve the same nominees. He urged speedy adoption of the names “so that we ensure that this country has a commission that can fight corruption.”

Chepalungu MP Isaac Rutto, another member of the committee, and Government whip Jakoyo Midiwo, who had initially expressed doubts the trio could effectively fight graft, also softened their stand.

Onsongo and Keino have since assumed their positions but the High Court revoked Matemu’s appointment as chairman of EACC.

This year has also seen the integrity of the 10th Parliament put to question by members who have accused their colleagues of corruption.  Gichugu MP Martha Karua once described corruption among MPs as a defilement of the integrity of the National Assembly.

MPs for hire?

“As a matter of fact, I have said the way we are behaving, we are like the greatest auction house in Africa and we know that this Motion may have been sponsored by those who are afraid of certain things, including some sections of the Ocampo Six,” Ms Karua had told Parliament during debate on a motion on the International Criminal Court.

The bribery allegations rocked the House in April when MPs approved the Finance Bill in the night to end a deadlock that had persisted since June last year.

A proposal to fix the interest rates that commercial banks can charge on consumer loans had forced the Government to withdraw the Bill on numerous occasions.

Finance Minister Njeru Githae offered a sweetener to soften the MPs- a tidy Sh3.7 million each as gratuity at the end of their tenure, which was more than double the current severance pay.

But Karua and nominated MP Millie Odhiambo claimed in the House that some MPs were bribed to defeat the proposal. Ms Odhiambo had claimed that some MPs were bribed with Sh50,000 each to defeat the bid to regulate interest rates.

“MPs have refused to reduce interest rates for the public, but when it comes to our own things, we are very quick and sneaky,” she said.

Later the Gichugu MP said, “I have information from two members that PNU MPs were paid at Pan Afric Hotel while the ODM legislators converged at the gazebo to receive their bribes of Sh50,000.”

National Assembly Speaker Kenneth Marende was forced to intervene after bribery allegations became frequent, with the latest spat involving Finance Assistant Minister Oburu Odinga and Mutito MP Kiema Kilonzo.

Angered with Kilonzo’s persistence over a question touching on taxation of a certain firm, Oburu claimed the MP had attempted to extort money from the businessmen. An aggrieved Kilonzo vowed to relinquish his parliamentary seat if the bribery allegations were proved.

Marende acknowledged the allegations, though unproven claims, had reached crisis levels. “I wish to state categorically that in my capacity as the Speaker of the National Assembly, I do not and shall not condone the use of this House or the membership in it for purposes of, or as avenues for corruption or other criminal conduct,” he said.

In June MPs worked late into the night rewriting electoral laws to subvert efforts to promote discipline in political parties. They stamped a seal of approval for a series of amendments designed to facilitate party hopping as dozens of their colleagues face court cases for defections yet they have clung onto their parliamentary seats.

Personal gain

Also they relaxed stringent electoral timelines that were designed to curb last-minute defections by losers in party nominations, thus allowing MPs to change parties until January 4. And in August MPs ensured an easy return to the National Assembly for dozens of their own suspected of involvement in crimes.

The MPs tore out sections of the Leadership and Integrity Bill and voted against requirements on wealth declaration, vetting by State agencies and publication of their pending criminal court cases.

Commission for the Implementation of the Constitution moved to court to challenge the watering down of the integrity law.  August also witnessed the historic occasion of the opening of the refurbished 400-seater chamber that had been undergoing renovation for three months.

President Kibaki attended the opening of the picturesque horseshoe designed chamber, which is installed with the state-of-the-art technology, including electronic voting system and computer monitors.

The retractable seats, though, cost a fortune, Sh200,000 apiece. 

In November Parliament amended the law on vetting of judges and magistrates to block courts from hearing cases of individuals found unfit to serve in the Judiciary. The lawmakers amended the Vetting of Judges and Magistrates Act 2011 to provide that the Vetting Board will have the last word on the scrutiny.

The changes also provide that the removal from office of any judicial officer under the Act “shall not be subject to question in, or review, by any court.”

In September the House approved the Breast Milk Substitutes (Regulation and Control) Bill, against opposition by some members and a manufacturing business lobby opposed to restriction of the sale of breast milk substitutes in Kenya.