The diminishing clout of MPs

They were revered and sometimes idolised in their backyards and beyond. They were looked up to to set the agenda in the national forum.

Not any more. MPs have now been emasculated by the new Constitution.

As the implementation of the new Constitution progresses, the Kenyan legislators seem to be under siege as the stature of their position diminishes.

Without power to determine their salary and tax-free perks, nil prospects of a powerful Cabinet position, and no control of constituency development funds, the clout of an MP is fast flying out of the window.

An assistant minister who asked for anonymity said that in passing the new Constitution without looking critically at the legislator’s job, MPs were performing a “status degradation ceremony”.

The latest most potent blow has come from the tax collector who is now demanding his due from the MPs.

Initially the MPs enjoyed a tax holiday, where they paid income tax on only Sh200,000 of their Sh850,000 pay, leaving Sh650,000 untaxed.

The new Constitution explicitly provides that no public official is to be exempted from paying taxes. From the moment the new Constitution was promulgated on August 27 last year, the incomes of constitutional office holders became taxable.

In compliance, the tax collector has given MPs, among other government officials, until mid-July to comply. If they don’t, enforcement measures will be taken to recover the money, warned Mr John Njiraini, the Commissioner for Domestic Taxes.

In opposing the tax collector, MPs have argued that taxing them would cut their pay in violation of their employment contract.

A few MPs have come out to support the move and two – Mr Peter Kenneth and Mr Johnstone Muthama – already pay taxes. However, the majority have vowed to oppose the move.

KRA is challenging MPs who are unhappy with its interpretation of the law to go to the Supreme Court.

The MPs’ taxable monthly perks include responsibility, constituency, extraneous, entertainment and sitting allowances.

“Even the motor vehicle purchase allowance of Sh3.3 million will now be subjected to taxation,” said Mr Njiraini.

The trouble for MPs started upon the promulgation of the new Constitution.

They first lost the power to set their own salaries to the Salaries and Remuneration Commission which is mandated to set and regularly review remuneration and benefits of all State officers.

Previously, the legislators would determine their own pay by a vote in the House.

The legislators have lost the chance to serve in the Legislature and the Executive at the same time. The new Constitution in Section 152 (3) states that a Cabinet Secretary shall not be an MP.

In the past, the position of an MP was a window for one to get to the Cabinet and hence become a political demigod.

An assistant minister of State for Planning, National Development and Vision 2030, Mr Peter Kenneth, said the Kenyan Parliament had been limited purely to legislation and checking the Executive – more or less like the Congress in the US.

Mr Kenneth said the role of the House will be different and not prominent as in the old constitution, where it was prestigious to sit with the Executive and take them to task in the House.

“A lot has changed. Parliament will not be the same again. There will be no question time in the next House. All that parliamentarians will remain with is to make laws and check the Executive,” said Mr Kenneth.

Kigumo MP Jamleck Kamau agreed that, indeed, the influence is greatly diminished and noted that the future MP’s role will only be to legislate.

“I agree that indeed the stature is diminishing very much and will continue to significantly reduce once the new Constitution is fully implemented. Kenyans need not see us being high up there. We are common people like everyone. We will have time to cross the streets without creating much ado,” said Mr Kamau.

The PNU vice-chairman said the loss was both in the Executive and in the local politics where County representatives will be in charge of the resources, leaving the MP with law making only, but very vulnerable in the local politics.

According to the Constitution, a Governor will be in charge of the county government. County governments will receive 15 per cent of the national budget.

Foreign Affairs assistant minister Richard Onyonka said the governor will wield influence at the county level for being in charge of resources, thereby dwarfing the MP.

Mr Onyonka said the legislators lost even further with the fact that they will not be allowed by the Constitution to hold a political party position, a factor that will minimise their standing in society.

Currently the majority of legislators hold political party positions and many have used them to catapult themselves to bigger political fortunes.

But theirs will still be a critical role.

“They will play a great role in making laws in the country which is and will be their core work in the House. That role is immense and important,” said Mr Onyonka.

The Kitutu Chache MP claimed that the country was going back to the days of poor pay.

He said that legislators were then poorly paid and gave an example of his father, the late Dr Zachary Onyonka, who he claimed was almost reduced to a pauper because the pay was not enough to maintain development activities in Kitutu Chache constituency for over two decades.

The minister for Forestry and Wildlife, Dr Noah Wekesa, disagrees with those who think the Kenyan MP’s stature was on a free fall.

Dr Wekesa explained that this was an apt moment for legislators to discharge their rightful role.

The minister said that the current MP is a jack of all trades – a Cabinet minister, a fund raiser and many other activities that blur their actual roles.

“In future the legislator will only have their role, the executive will do their work, and the governor will look at the local issues.

The MP will be left to make laws, which is a crucial role in my opinion,” said Dr Wekesa.

The Kwanza MP said the governor will not dwarf the lawmakers because each has a distinct role – one local and the other national.
Dr Onyonka said he fears that given the diminishing role of the position, the quality of people elected to Parliament in future will deteriorate.

“The position will be dull therefore attracting less competitive candidates unlike in the past when it attracted professionals from different fields,” he said.

Most of the current MPs have separately declared interest in the positions of governor and senator, the seats that took away some of the legislators’ clout.

Dr Joshua Kivuva, a political scientist at the University of Nairobi, says the challenge now will be on the kind of MPs the electorate will vote in.

Dr Kivuva said that if Kenyans elect quality legislators, they will play a great national role, hence elevate themselves to be enviable national leaders.

“If the electorate gets the right quality leaders, then the MP and the governor will complement each other and ultimately deliver.

The problem is when the quality of leaders is low,” said Dr Kivuva.