Lessons from IPPG on how to unite a divided Parliament

The unsuccessful bid by Cord senators to debate the controversial Security Laws in a special sitting on Tuesday has once again reignited debate on the relevance of the Senate.

The National Assembly had passed the Security Laws (Amendment) Bill in an acrimonious sitting on December 18, but the opposition insisted on the Senate’s input. 

Former Saku MP Jillo Falana, who was among leaders that saved the country from political abyss 17 years ago, says ignoring the Senate in the passing of crucial laws is wrong. “Senate acts as a check and fills in the gaps,” the veteran politician says.

Under the Constitution, the Senate is supposed to be involved in legislating laws that touch on counties. But senators have been complaining that they are being ignored by the National Assembly in the passing of various legislations — even threatening to go to court to have some laws overturned.

Ironically, most Jubilee senators did not want to be involved in debate on the laws even before the three-hour special sitting on Tuesday. In the end, Speaker Ekwee Ethuro ruled that the matter could not be debated as it was in court. But it could be revisited after conclusion in court, he ruled.

Mr Falana believes that beyond divisive issues like the security laws, there is a bigger problem in the relationship between the Senate and the National Assembly.  

 “This constitution was made in a hurry. Not much thought went into defining the role of the Senate. And even where it is spelt out, it is too theoretical — nothing practical,” says Mr Falana.

He believes the Senate should be revitalised. 

“We do not want it abolished in a hurry like the independence Senate. Instead, we want the Senate to be brought into the legislation process,” he says.

In an interview, Mr Falana says the current situation pales in comparison with the hostile environment Kanu faced before the 1997 General Election when he played a prominent role in midwifing the Inter-Party Parliamentary Group (IPPG) talks that led to some constitutional changes.

At that time, many people were holding demonstrations in the streets to push for minimum legal reforms.

He recalls that had it not been for the maturity of some MPs in the 1997 Parliament, IPPG would not have succeeded. He believes the Senate can play this “sober” role — even suggesting that being termed a House of “Retirees” should be taken positively. “People in the Senate are more mature. They would have considered the implications of the anti-terror Bill with wisdom and advised the President appropriately,” he says.

PARTISAN

Mr Falana also censures National Assembly Speaker Justin Muturi for being partisan during the chaotic enactment of the law.

He feels the Speaker should have protected the “divine authority of the chair” by throwing the controversial Bill back to the government through adjournment of the National Assembly.

He gives the example of former speakers Francis ole Kaparo and Kenneth Marende who, he says, skillfully navigated tough parliamentary sessions with the country’s future in mind.

He says sycophancy and MPs’ lack of patriotism precipitated the December 18 mayhem.

Mr Falana, who was Kanu Deputy Chief Whip, compares Leader of Majority Aden Duale with the hardline Prof George Saitoti, who was then Vice-President and Leader of Government Business in the House. “I put my life on the line to go against a pedantic Kanu leadership in Parliament,” Mr Falana says.

WILDED GREAT POWER

He recalls Prof Saitoti, then Cabinet Minister Joseph Kamotho (who was also Kanu Secretary-General) and Mr Nicholas Biwott as people who made it difficult to break the ice. “They were nicknamed Kabisa (derived from Kamotho, Biwott, Saitoti) triumvirate and wielded great power,” he recalls.

As it is, he says, there is no goodwill between the government side and the opposition, leading to poor quality of debate and shameful behaviour in the House. In such situations — as was the case of the IPPG in 1997 — there should be a few MPs who can attract bipartisan support.

He narrates how he almost singlehandedly lobbied for talks, and how some in Kanu attempted to derail the proposed changes — especially since he was a junior MP.

But it was his success in convincing then President Danel arap Moi on the need for the IPPG talks that finally got the Kanu hardliners off his back. He did shuttle diplomacy on both sides using 10 points which civil society had put together as the minimum reforms required.

They included repeal of the Chief’s Authority Act; and, a requirement for permits from District Commissioners to hold public rallies. The minimum changes were enough to heal a deeply divided country.