Parliament criticised for failing to prioritise Kenyans' interests

National Assembly Chambers full as Deputy President Rigathi Gachagua defends himself against an impeachment motion on Oct 8, 2024. [Elvis Ogina, Standard]

Members of Parliament have been accused by some observers of neglecting the interests of the people they represent and instead focusing on issues that should not even feature in public debate.

During campaigns, parliamentary candidates make grand promises to the electorate, but once in office, there is little effort to fulfil them.

Kenyans claim that most public participation exercises initiated by MPs are merely superficial. A case in point is the Finance Bill 2024. Despite widespread public opposition, the National Assembly passed the bill. Between June and August, discontent among Kenyans, particularly the youth, reached unprecedented levels, with many moving from online activism to street protests, demanding better governance.

Protesters also called for the reconstitution of the Independent Electoral and Boundaries Commission (IEBC), to recall MPs who had failed in their parliamentary duties.

The issue of “tyranny of numbers” has been raised, with some describing it as a significant obstacle to making critical decisions. The ruling coalition has been criticized of using its majority in Parliament to force through unpopular legislation and motions.

Bribery claims

MPs have often been accused of undermining their mandate by passing unpopular bills, some of which are later contested in court.

Meanwhile, they focus heavily on matters directly affecting their roles, such as the ruling that declared the National Government Constituency Development Fund (NG-CDF) unconstitutional. Recently, Juja MP George Koimburi faced backlash from fellow legislators after alleging that MPs were offered Sh2 million each to vote in favour of the Finance Bill 2024.

Speaker of the National Assembly Moses Wetang’ula had to intervene, warning that such unsubstantiated claims could damage the reputation of the House.

“Any allegation of corrupt practice, bribery, or attempted bribery is a stain on the privilege of Parliament and deserves urgent investigation and resolution,” Wetang’ula said.

Koimburi later apologised to the House.

The impeachment motion against Deputy President Rigathi Gachagua this week also sparked debate about MPs’ priorities. The House was unusually full during the proceedings.

Interestingly, proceedings at the National Assembly had to be adjourned the very following day because it could not raise a quorum.

During the impeachment debate, two MPs criticised the National Assembly’s decisions and priorities.

Kathiani MP Robert Mbui noted that the impeachment of the Deputy President was the first motion where the House had taken the public participation exercise to the constituency level.

“I wish the energy we are spending here on one individual was being used to address issues in education, health, and the cost of living. These are matters this House should be tackling passionately,” Mbui said.

Court rulings

Kitui MP Makali Muli criticised the House for passing laws that have later been declared unconstitutional by the courts.

“This happens because we come here to shout, forgetting that Kenyans are watching us,” Muli said.

Democratic Action Party of Kenya (DAP-K) leader Eugene Wamalwa has repeatedly accused the Kenya Kwanza administration of capturing Parliament and called for meaningful public participation on matters affecting Kenyans.

Wamalwa argued that Parliament must freely conduct its oversight and law-making roles, ensuring that Kenyans’ views on critical issues are implemented.

“Public participation is not a favour; it’s a constitutional imperative that must be practised, giving people the power to have their views implemented,” Wamalwa said in a recent radio interview.

Last month, the High Court declared the NG-CDF unconstitutional, ruling that it should cease operations by June 30, 2026, as Parliament has no role in handling development matters, which fall under county governments.

Legislators reintroduced the NG-CDF, even though it had previously been declared unconstitutional by the High Court. The court had ruled that the fund violated the separation of powers.

In response to the latest court ruling declaring NG-CDF a violation of the Constitution, the National Assembly indicated that its legal team would challenge the decision at the Court of Appeal, arguing that the fund plays a critical role in constituencies.