Is ‘rogue’ House taking oversight role too far as Uhuru hinted?

By LILLIAN ALUANGA-DELVAUX

Parliament is increasingly flexing its muscle in what appears to be rubbing the Executive, Judiciary, and non-state actors like the media and civil society the wrong way.

The latest victim of Parliament’s ‘aggression’ has been the Executive, with the President forced to speak out in public over the matter. Last week, President Uhuru pleaded with Parliament to allow the Executive to work, saying his Cabinet Secretaries had been held hostage by Parliament, courtesy of summons to appear before House committees.

The President said he had on several occasions sought audience with his ministers, but could not find them because House committees had summoned them. So serious is the situation that there are times when a Cabinet Secretary is summoned by two committees at the same time.

While appreciating that Parliament had to undertake its oversight role, the President implored MPs to do so in a manner that would also allow the Executive discharge its duties.

But National Assembly Speaker Justin Muturi hit out at both the Executive and Judiciary, maintaining Parliament has a duty to carry out its oversight role and would do so without any fear.

 Recent weeks have seen Parliament castigated for passing the controversial Kenya Information and Communication (Amendment) Bill. The Bill proposes hefty fines for journalists and media houses that violate the code of conduct, with fines of up to Sh20 million. Parliament has also been at loggerheads with the Judiciary in what has seen MPs ignore a court order barring debate on the conduct of six members of the Judicial Service Commission (JSC).

The House went on to adopt a report tabled by the Justice and Legal Affairs committee that recommends formation of a tribunal to investigate the conduct of the six. The JSC was recently embroiled in a public spat with former Chief Registrar of the Judiciary Gladys Shollei.

 Oversight powers

Parliament’s passage of the Revenue Allocation Bill, without involving the Senate, also raised eyebrows, prompting the Supreme Court to rule in the Senate’s favour on the matter. Months earlier, the Legislature had threatened to ‘downsize’ independent commissions and disband the Salaries and Remuneration Commission altogether, as the sought  higher perks.

But just what is prompting Parliament’s latest actions and can this be viewed as indicators of a House gone ‘rogue’?

“The Constitution’s architecture is such that Parliament seems to have broad powers for purposes of oversight that appear directed at every arm of government, including the Executive. This, coupled with the immunity that Parliament enjoys, is however now being taken too far,” says Peter Aling’o.

Mr Aling’o was until two months ago executive director of the Institute for Education in Democracy.

Parliament, he says, should work in a way that minimises conflict between it and other arms of government, instead of adopting a ‘supremacy approach’ that has seen it lock horns with these institutions.

 “The superiority attitude adopted by Parliament on a number of issues is politically misguided,” he says. He, however, adds Parliament is not entirely to blame in the standoff witnessed between it and other arms of government, particularly on the subject of checks and balances.

“The Judiciary’s independence is not in doubt, but its radical assertiveness on certain issues is also not helpful,” says Aling’o.

While arguing that the three arms of government can work harmoniously, Deputy Minority leader Jakoyo Midiwo maintains the Executive cannot direct Parliament on how to conduct its business.

Unpopular decisions

He says while Parliament’s approach in targeting members of the JSC could have been wrong, the commission should have appeared before the Justice and Legal Affairs  Committee when summoned.

 “Its true Parliament cannot be judge and jury at the same time. The JSC was wrong not to appear before the committee but Parliament can also not purport to have had sufficient ground to call for the removal of some members,” he says.

Midiwo maintains it’s not the intention of legislators to gag the press but adds the media should be truthful with the public on the matter.

“There could have been offensive articles in the Bill but the media needs to engage more with the law makers. We must also address issues where only three or four major players own the media, shutting out small owners,” he says.

Kenyatta University lecturer Edward Kisiang’ani however has a different interpretation of Parliament’s recent conduct. “At face value it looks like Parliament has gone ‘rogue’ but there is a deeper meaning to what has been happening,” says Kisiang’ani, a history lecturer.

He points to a string of ‘unpopular decisions’ Parliament has made that he alleges are an attempt by one side of the coalition to cast its partner in ‘negative light’.

 He cites the recent move to censure Lands Cabinet Secretary Charity Ngilu, passage of the media Bill, and the push to set up a tribunal to investigate JSC members.

Senate Majority Chief Whip Beatrice Elachi says Parliament should not impede the work of the Executive and other arms of government.

“It’s unfair to expect the Executive to always fix things. When we keep sending Bills to the President that are unconstitutional, forcing them to be returned to the floor of the House, then one would wonder who we are working for,” she says.

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