New Bill proposes diplomatic passports for MPs, their spouses

MPs want their spouses to get diplomatic passports to allow them free access to exclusive diplomatic lounges and privileged treatment at local and international airports.

In a bill sponsored by Adan Keynan (Eldas), there's a proposal for the MPs in the National Assembly and in the Senate to join the president and his family, the deputy president and his family, the speakers and clerks of both Houses, cabinet secretaries, diplomats, governors and principal secretaries in the class of State officers with diplomatic passports.

Eldas MP Adan Keynan addresses the media at Parliament on Monday12/10/15 on the amendments to the Parliamentary Powers and Privileges Bill 2014 that he promised to delete the clauses that could gag the media. (PHOTO: COURTESY)

The MPs are using the Public Service Bill, 2015, to sneak themselves onto that privileged list. They say that regardless of what the Kenya Citizenship and Immigration Act states, they will be "entitled to diplomatic passports".

There's also a fresh attempt to block the public from accessing information about Parliament. They say the Parliamentary Service Commission can deny anyone public information if it is "prejudicial to national security or the interests of Parliament".

The Bill also proposes a maximum fine of Sh50,000 or up to a year in jail for any MP or staff who leaks confidential information.

For one to access the information, they will also swear to respect all the confidentiality clauses.

The lawmakers are also sneaking in an amendment to the Public Finance Management Act to shield the money that is allocated to Parliament from being returned to the National Treasury, if the money is unspent at the end of the financial year.

They have called it "The Parliamentary Fund" and they say if Parliament makes any money from its investments or from fees, or in form of gifts or donations, then that money will be used for parliamentary work.

With a Sh28 billion budget in the current financial year, the possibility of the fund holding billions of public funds that could be badly needed elsewhere is real.

Final say

Besides that, through the bill they have denied the Cabinet Secretary in the National Treasury Henry Rotich the powers to designate accounting officers, as he does for the rest of Government, and now want to have the Clerk of the Senate, his counterpart in the National Assembly and another officer appointed by the Parliamentary Service Commission to separately have the final say on how money is spent.

With that responsibility, the MPs have moved in to give clerks of the houses four-year tenure, renewable once, and they have also proposed elaborate steps on how to kick clerks out of office through a vote by simple majority.

If aggrieved, the MPs would be the complainant, the judge and the executioner of the clerks who disobeyed their orders.

The MPs have also asked for a special police unit to be known as the Parliamentary Police Unit that would handle the security of lawmakers in the House. This would allow MPs to decide who would handle their security.

The bill also proposes the setting up of a parliamentary academy for MPs with the powers to offer diplomas, certificates and degrees. Named the Centre for Parliamentary Studies and Training, the school would train MPs and parliamentary staff on a continuous basis.

"The centre shall provide learning and development programmes leading to the grant of certificates, diplomas and degrees to build capacity for members and staff of Parliament and other stakeholders," reads the bill.

The school exists in the parliamentary organisation structure and is headed by a director, Prof Nyokabi Kamau.

The buildings are in the posh Karen neighbourhood. It's mandate has for now been to train MPs and parliamentary staff, and even members of the county assemblies and county staff on parliamentary tradition, practices and rules.

The decision to come up with a bill, is a move to sidestep the stringent requirements that require the Commission for University Education to accredit all institutions that offer degrees, and at the same time make it possible for the MPs to get degrees that are recognised under the laws of Kenya, considering that for one to get elected to either House, they need a university degree.

The centre under the direction of the PSC, is controlled by MPs is likely to be the natural choice for those in the august House without the crucial papers to upgrade their education before the next elections.