11th Parliament criticised as leaders defend its credibility

The tenure of the 11th Parliament has come under sharp criticism through the lenses of the Kenyan public. The parliament is dogged with credibility issues arising from claims of rampart corruption, highest number of bad laws and pursuant of self-interest by MPs.

With just 17 months to the next polls, the bicameral House leadership struggles to absolve the institution of a tainted image.

Though House leadership drawn from both sides of the political divide argue that performance of the August House has been above board, the citizens' appraisal is below expectation.

The legislature will go down in history as the first to witness a House committee disbanded and reconstituted over corruption claims, even as the anti-graft body also moved in to probe the same.

Also a committee of the House tasked with the duty of the Budget making process, puzzled Kenyans causing uproar in the National Assembly when members decided to allocate themselves funds to undertake projects in their constituencies.

As the August House resumes its sitting next Tuesday, the leadership is in agreement that the legislative agenda is yet to live to the public's expectation.

The Opposition has lashed at the Jubilee leadership in both Houses for failing to show leadership even as they allowed the Executive to re-write the law through the back door.

Speakers Ekwee Ethuro (Senate) and his National Assembly counterpart Justin Muturi, have also been blamed for the failures by both Houses

"Parliament has performed dismally. The Executive and the so called tyranny of numbers has turned Parliament into an Executive rubber stamp and has made it pass the highest number of unconstitutional Bills," Senate Minority Leader Moses Wetangula indicted the Executive for interference with legislative work.

Senator Wetangula said the Jubilee administration, continues to undermine independence of the legislature and in turn put the legislators in a collusion path with their representatives.

"This Parliament has passed the highest number of   Bills in the history of the legislature in this country but more so for the first time, than ever before, we have many cases in court challenging their legality. This is an ignominious parliament," he added

He continued, "It is one of the three limbs of government, yet the Executive has its way all the time. Unqualified appointments pass legislation to suite the whims of the Executive, plough back on the constitution to allow president to appoint Chief Justice, Inspector General and destroy the office of the Auditor General to block accountability."

He faulted attempts to give the president powers to appoint officers to these offices, arguing that the appointees will owe their allegiance to the appointing authority.

 Francis Nyenze (Kitui West), National Assembly Deputy Minority Whip Chirs Wamalwa (Kiminini) and Senator Mutula Kilonzo Jnr (Makueni) also supported this view.

Nyenze admitted that it is a troubling reality that Kenyans are not happy with their performance, "The perception that the Senate and the National Assembly has not lived up to its expectation is not good. Our core mandate is to legislate, oversight other institutions and represent."

He however introduced a new narrative to their dismal performance, alleging that Parliament is facing war from the other arms of government but he maintained, "This is the essence of democracy." Nyenze also blamed the 'tyranny of numbers' in the House to the bad laws challenged in court.

"Jubilee is frustrating us. It is using its numbers to have its way, even when we walk out in protest, they take a vote and carry the day," he faulted the government side in the House.

Senator Kilonzo Jnr, "We are doing poorly. We have confused the public and we have lost credibility."

Wamalwa concurred, adding, "Parliament has made significant strides despite the numerous challenges brought about by the new constitutional order."

Kenyans have been treated to claims of open bribery and legislators ganging up to kick out of office public officers opposing their selfish interest and sibling rivalry between the two Houses under the watch of the two Speakers.

But amidst these rebuffs, Wamalwa believes, "Following complaints of bribery in the House committees, The Public Accounts Committee, which was later reconstituted and the Agriculture committee, investigated by the Ethic and Anti-Corruption Commission, no legislator has been found culpable. What happened to the principle of innocence until proven guilty? Graft claims in Parliament remain just allegations."

Wetangula took a swipe at Ethuro and Muturi for failing to guide House Business independent of the Executive.

"Parliament has acted disgracefully. The speakers have also not helped matter. The biggest problem with parliament are the two speakers, they think that they represent the Executive in Parliament, they do not know that under the constitution, they have got very strong independence, protected and insulated by the constitution, to act as the arm of government

He censored the Speakers, saying, "As the leaders of one of the limbs of government, they are constant. Their job is secured and it is disturbing to note that on the Public Audit Act, the team that went to State House to discuss the passage of the Bill following a standoff in the Senate over the Presidential Memorandum was led by the Speaker, it is un-imaginable to go discuss how to subvert legislation."

However, Ethuro believes the legislature has performed well and this is a brighter year for Kenya and for those in the August House.

"In the Senate, the baby steps of Transition have been navigated successfully in the last 3yrs. Baby Devolution is now mature, stable and past the threats that all flick all the under 5s children. We are ready for take-off," said the Speaker, outlining his agenda for 2016.

He continued, "We will be consolidating the gains of the transition period and at the same time embarking on major issues of devolution such as complete transfer of functions; Unbundling functions; Auditing of all laws to align to the new governance architecture under constitution 2010 and needless to say, improved Accountability of public resources."

He assured, "This is the phase that Kenyans will start seeing the fruits of Devolution & the legal framework that Parliament through the Senate put in for Devolved Governance. Of course, this being one year before the general elections."

He is optimistic that the Senate will witness heightened activity and look forward to a more exciting and rewarding experience in the 4th Session of the 11 Parliament.

Efforts to get a comment from Majority Leaders Senator Kithure Kindiki (Senate) and Aden Duale (National Assembly) proved futile after they promised to respond on the same but didn't.