CSs’ query time in House halted

The special session in the National Assembly where Cabinet Secretaries were to answer questions from MPs has been suspended, a week after it was introduced.

Speaker Justin Muturi issued the directive in Tuesday’s sitting, to the displeasure of the minority party in the House who raised objections.

Mr Muturi indicated that the new system had encountered several obstacles and directed the Procedure and House Rules committee, which he chairs, to spearhead consultations on the way forward.

Part of the reasons that informed the sudden decision is President Kenyatta’s request for a stay of the new provisions (Standing Orders) and their review, citing the doctrine of separation of powers

The Speaker said operations of the committee on General Oversight had been suspended to enable the National Assembly seek ways to engage on how best to handle matters that have been raised regarding its establishment.

But Cord protested the move, accusing the Speaker and the President of engaging in blatant violation of the Constitution and the Standing Orders on the accountability role of Parliament.

The National Assembly had amended its Standing Orders to create the General Oversight Committee, which is a sitting of all members, but in a committee system style, chaired by the Speaker.

Under the system, Cabinet secretaries were to appear before the committee for two and a half hours every Tuesday starting from 10am, to directly respond to questions from lawmakers on various issues of concern before the House.

CAME INTO FORCE

The system came into force last Tuesday after the House’s recess, with Lands CS Charity Ngilu being the first to appear before the MPs.
Arguments against the system have included concern that the operation of the General Oversight committee might infringe on separation of powers.

Mr Muturi had cited the same, stating that a strict separation is often a fundamental constitutional principle.

The President stated that separation of powers will require that provisions relating to the Executive officials appearing before the parliamentary committees be implemented in a manner that will not unnecessarily upset delicate balances between the Executive and Legislative arms.

However, Deputy Minority Leader Jakoyo Midiwo said the new system was as a result of amendments made to the Standing Orders by MPs hence it was not at the Speaker’s discretion to make any changes.

“I am standing here to defend the dignity of this House and the rules of this House … we cannot suspend the rules of this House which we passed by consensus,” he argued. The Gem MP said only courts could make a decision and order changes where there are contradictions in law.

Majority Leader Aden Duale, however, said lawmakers lose nothing from the change. He argued that members could still interrogate ministers through the various House committees.

Minority Leader Francis Nyenze recalled reasons behind the decision to go the General Oversight committee route, reminding the House that it was meant to enhance the accountability function of the National Assembly over the Executive.

See Editorial Page 12