You always seem biased, what remedy do you have for chaos in the House?

National Assembly Speaker Justin Muturi speaks to the press during the 2nd Annual General Meeting and Conference for the African Organisation of Public Accounts Committee (Afropac) at Safari Park Hotel on September 1, 2016. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP

What you need to know:

  • As a majority of members will attest, I have been fair in moderating debate, especially on contentious issues. 
  • The next Parliament should jealously guard its independence in representation of the people and resolution of matters of national importance.
  • The National Assembly has adopted a vibrant committee system to assist in the discharge of its legislative and oversight functions.

In this interactive series, we invite readers to send in questions to select public figures.

Answers will be published in the next print and online editions.

This week, National Assembly Speaker Justin Muturi responds to your questions:

Lawyer Ahmednasir Abdullahi once branded you the worst Speaker ever. Are there points during your tenure you can use to prove him wrong? 
Edward Wanjala Mangoli, Kabuchai

As a public figure, I appreciate the constant scrutiny of my work and I am open to constructive criticism.

As such, just as Mr Abdullahi may hold such views, there are numerous other Kenyans who view me more favourably.

Instead of blowing my own trumpet, I would rather let history judge my tenure.

Mr Speaker, some political leaders and a section of the public have accused you of being arrogant and favouring the Jubilee side in the House. What do you have to say about this? 

Vincent Muyela, Kyuso town, Mwingi North

The role of a Speaker in moderating debate often requires strict adherence to the procedures that govern the House.

I do not believe that such adherence should be viewed as arrogance.

Nevertheless, opinions vary on similar matters. As a majority of members will attest, I have been fair in moderating debate, especially on contentious issues. 

Sir, are you certain that in your work as the Speaker of the National Assembly, you are not biased and partisan as alleged in some quarters? 

Derek Liech, Mombasa

Nothing could be further from the truth.

You will note that under the Constitution and the Standing Orders, the real voice of Parliament is its membership and not its Speaker.

My rulings are based on the Constitution, Kenyan laws, the practice and procedure of the previous Kenyan Parliament and established precedents in comparative parliamentary jurisdictions.

When viewed against such a backdrop, any allegation of bias lacks merit.

Mr Speaker, is your office prepared to handle allegations by Elgeyo Marakwet Senator Kipchumba Murkomen that some members of the Public Accounts Committee investigating the National Youth Service scandal received a bribe of Sh40 million? 

Edward B. Wekesa, Eldoret

The allegation is of a grave nature and it would require a thorough investigation.

The Committee of Privileges is mandated to inquire into any questions raised regarding the conduct or ethics of a Member of Parliament within the precincts of Parliament.

I have no doubt that if that matter is raised formally, the Committee will investigate the allegation conclusively.

The Committee, or indeed the Speaker, can only act on a claim of breach of privilege by members upon a formal complaint.

Sir, chaos in the National Assembly has become a habit, especially when passing controversial Bills. What measures have you put in place to restore order? 

Brian Machira, Karatina, Nyeri County

Where issues of concern to the public being debated on the floor of the House are contentious, members may become passionate in their endeavour to persuade their colleagues.

I would not go as far as describing it as chaotic.

The Speaker seeks to allow members to express themselves to the extent permitted and thereafter decide by way of a vote.

Tension mounts in isolated instances when a section of members attempt to either deny the minority to have their say or the majority to have their way as democracy demands.

The Standing Orders, which I have enforced to deal with isolated incidents of disorder, have adequate provisions in maintaining order in the House.

In the meantime, I am also steering a review of the Standing Orders of the House, particularly on the part of disorderly conduct, to ensure that respective punishments are proportionate to the corresponding offences. This review will mostly benefit the next Parliament.

Mr Speaker, under your leadership the National Assembly has degenerated into a laughing stock controlled by the Executive.

Looking back, are there moments you regret about the last four years? 

Augustine Mutua, Nairobi

Serving as the Speaker of the National Assembly has been uniquely fulfilling.

I am aware of the challenges the role posed but I honestly cannot claim to hold any regret.

The notion of control by another arm of government is erroneous.

Why do you regard the Judiciary with disdain especially in complaining that it meddles in the legislative mandate of Parliament? 

Andrew Maranga, Malindi

The Constitution establishes three distinct arms of government: the Legislature, the Executive and the Judiciary.

The three arms are required to work together and act as checks and balances against each other to fulfill the wishes of the people.

In the interaction of the arms of government, none is superior to the other and hence my considered view that the courts ought to refrain from interfering with internal procedural matters that Parliament is yet to dispense with.

Asserting the independence of Parliament does not amount to disdain for an important institution such as the Judiciary.

What became of the reported loss of hundreds of millions of shillings allegedly stolen by Parliamentary staff? 

Githuku Mungai, Nairobi

As chairperson of the Parliamentary Service Commission, I did invite the Ethics and Anti-Corruption Commission and the Directorate of Criminal Investigations to investigate our internal systems on the alleged loss.

After the investigations, seven members of staff were consequently charged in court with fraud.

As at the last update, the case was dismissed and the Director of Public Prosecutions appealed.

I would like to commend you for a job well done in representing our Parliament in international meetings and in your quest to restore order in the House.

This being the year when the 11th Parliament will be dissolved, what is your vision for the House from next year? 

Brian Machira, Karatina, Nyeri County

Thank you for your commendation. My vision for the next Parliament is one that builds on the numerous gains that the 11th Parliament has made.

The next Parliament should jealously guard its independence in representation of the people and resolution of matters of national importance.

As the Speaker, the way you have conducted sittings involving contentious issues like the Security Amendment Bill and recent changes to the electoral laws has left a lot to be desired.

Do you have the interest of the country at heart or you want to satisfy the ruling party that sponsored your candidature? 

Rono K. Arnold, Bomet County

I have the best interests of the country at heart.

A House of Parliament resolves contentious matters through sober debate.

Where that fails, a vote by the members becomes necessary.

In both instances the Speaker is a bystander unless the process is interrupted in a manner that is not allowed under the Standing Orders.

Allowing the legitimate processes of Parliament to be interrupted unprocedurally would be a great dis-service to the House and to the country.

Is it possible for a House dominated by the ruling coalition to play its oversight role of checking the Executive or will it just remain a rubber stamp? 

Paul Gesimba, Nairobi 

The Constitution established a Presidential system of government which excludes members of the Executive from Parliament.

This adequately allows Parliament to hold the Executive accountable.

Sir, the Parliamentary Open Day was held in 2014 and 2015 but not in 2016. What happened and should Kenyans expect the event this year? 

Teresiah Wangui, Kangema

In 2016 we decided to take this engagement a notch further and erected stands at various Agricultural Society of Kenya showgrounds across the country to reach many Kenyans.

We hope to continue with this fruitful interaction because the feedback obtained has been useful.

Mr Speaker, what happened to Public Participation Bill; will it be ready before elections? 

Njoroge Waweru, Kikuyu

I am aware of a legislative proposal on Public Participation sponsored by Luanda MP Christopher Omulele.

It is currently undergoing pre-publication scrutiny before the Departmental Committee on Justice and Legal Affairs.

Hopefully it shall be published and passed by the House before the expiry of its term on August 7, 2017.

Sometimes Parliament has suffered from backlogs in its deliberations. How can these be avoided?

Francis Njuguna, Kibichoi, Kenya

The National Assembly has adopted a vibrant committee system to assist in the discharge of its legislative and oversight functions.

The committees continuously report to the House on the progress of and any challenges faced regarding the various matters committed to them for action. 

Indeed, you will note that in the Eleventh Parliament, the Public Accounts Committee has been able to clear the backlog of scrutiny into the audited accounts of public entities in a clear departure from the previous Parliaments.

Mr Speaker Sir, an audit by a committee commissioned by the National Assembly’s Budget and Appropriation Committee established that Kenyans are over-represented, making the implementation of the constitution costly.

Your initial reaction was that the findings were ‘food for thought’ for Kenyans. From your position, how should we resolve this reality? 

Komen Moris, Eldoret

The final answer ultimately lies with the people of Kenya.

Reducing the number of representatives in government will require amendments of the Constitution.

Certain amendments may necessitate a referendum to establish the will of the people.

To resolve the issue, a Bill proposing the amendment of the Constitution would have to be introduced by a Member or a Committee of Parliament.

Why do you break the laws your House enacts? On most mornings on Kipande Road, Nairobi, your big Mercedes labelled “SNA 1” and your Mercedes escorts drive on the wrong side of the road. 

Joseph Gitau, Nairobi County

I am a strict observer of the rule of law.

However, in isolated instances, my office is called to attend to urgent matters without notice.

When that happens, the difficulty we find ourselves in is to choose between failing to attend to the matter and attending to it.

As part of the citizenry, I always regret the isolated public inconvenience that comes with the choice to attend to such matters.

Why have you not declared vacant the seats held by ODM MPs who defected from the party? 

Githuku Mungai, Nairobi

Regarding the declaration of a vacancy in the office of a Member of Parliament, I am unable to rely on newspaper reports or rumours.

Especially where the issue of deeming a member to have resigned from the political party that sponsored him or her is concerned, the evidence of such must be presented to me by the relevant authority.

What are your biggest achievements so far as the Speaker?

Edward B. Wekesa, Eldoret

I have overseen the passage of key laws to implement the Constitution.

In total, the House has passed over 156 laws which have since been assented to by the President.

Also under my watch, the House has vetted nominees for appointment to the Cabinet and constitutional commissions.

This is in addition to more than 500 reports that have been authored by Committees of the House, adopted and implementation is being followed up.

Officers of Parliament and members who have served in previous Houses have told me that I have made more and judicious considered rulings and procedural decisions on Parliamentary matters than previous Speakers.