‘Rogue House’ tactics back at work as MPs craft selfish laws

The National Assembly is once again grappling with the “rogue House” tag in the wake of recent decisions seen as shielding it from scrutiny.

The latest is an audacious attempt to gag the media from reporting on Parliament, put forward by Eldas MP Adan Keynan (ODM).

The Parliamentary Powers and Privileges Bill is on the verge of being passed despite criminalising aspects of journalism. A Sh500,000 fine or a two-year jail term has been proposed for journalists who publish reports which, in the opinion of lawmakers, defame Parliament.

Besides punishing journalists for publishing “false or scandalous libel”, the offending clauses of the Bill would also compel them to seek permission from the Speaker or committee chairperson to broadcast proceedings.

MPs have in the past been known for selfish legislation, like increasing their perks in total disregard of the public mood.

Recent allegations of corruption in House committees — that led to the dramatic disbanding of the Public Accounts Committee — and shameful scenes such as the verbal and physical exchanges during the passing of the security laws last December, have sullied the image of the National Assembly.

If Mr Keynan’s Bill is passed, there could be a blackout in reporting such stories. 

DEFAMATION LAWS

Those opposed to the move question its appropriateness, given that there are already laws designed to deal with defamation.

The proposal has received majority support and comes hot on the heels of another that seeks to clip powers of the Independent Electoral and Boundaries Commission in dealing with election malpractices.

The MPs have also had run-ins with President Uhuru Kenyatta and the Judiciary over the passing controversial laws.

In June, they declined to approve Interior Principal Secretary Monica Juma’s nomination as secretary to the cabinet for supposedly not giving them free access to her office.

There were allegations that some MPs were unhappy with Dr Juma for turning down their demands for a share of confidential funds for functions in their constituencies, especially peace meetings in northern Kenya.

Observers are fretting that, left untamed, the National Assembly could preside over one of the worst crippling of civil liberties only akin to what the country witnessed in the repressive Kanu days.

In what could pave the way to a version of “elective dictatorship”, the change of law would deny electoral commission powers to disqualify rogue candidates without the authority of the courts.

Some commentators have called for the formation of an independent body to contain the runaway powers of Parliament.

What they are calling for is modelled on the UK’s Independent Parliamentary Standards Authority, created in the wake of the MPs’ expenses scandal in 2009.

SELF-REGULATION

The authority was given the remit and powers to introduce independent regulation of MPs’ business costs and expenses and, subsequently, pay and pensions. It is a break from a regime of self-regulation like what Kenya has to one seen as fair to MPs and the public purse.

Deputy Minority leader Jakoyo Midiwo (Gem, ODM), whose Cord wing is subdued in the House by Jubilee’s numerical strength, says it would be insincere to say that the National Assembly has lived to the expectations of Kenyans.

“Despite being used by the Executive to advance its agenda, its size cannot allow it to give quality bills and laws to the country. The country will never get proper laws until such a day that we will gather the courage and reduce the number of constituencies in the country,” the MP told Sunday Nation.

It also turns out that other than being banned from sitting in House committees, there are no punitive repercussions for “any wrongdoing done by an honourable member.”

This was illustrated when the only punishment that members of Public Accounts Committee — under Budalang’i MP Ababu Namwamba, accused of engaging in corruption — faced was disqualification from sitting in its replacement outfit, now chaired by Rarieda MP Nicholas Gumbo. MPs have over time earned themselves a reputation for getting whatever they want and anybody who tries to stand in their way have found themselves nursing wounds.

At that time, the Ethics and Anti-Corruption Commission was investigating a number of them over graft. In unison, the House voted to send the commissioners packing, ending their careers.

The secretariat was also subsequently targeted. Ironically, the National Assembly still has the role of vetting the nominees for the anti-corruption commission. 

SHIELD MPS

Another move seen to be draconian is a proposal to shield MPs from, among other things, being prosecuted for “anything done... in good faith” in the course of their duties, which critics fear would be subject to abuse.

MPs already enjoy privileges which make them immune to prosecution arising from utterances made in the discharging their duties in the House.

A Bill by Homa Bay MP Peter Opondo Kaluma (ODM), which also seeks to stop the Judiciary from intervening in parliamentary affairs, appears to give blanket immunity that could be open to abuse.

Kanduyi MP Wafula Wamunyinyi’s bid to amend the law to have a tax-free Sh100,000 pension for any MP, irrespective of the terms they serve, further entrenches the strong opinion of self-aggrandisement. Currently, only those who serve two consecutive terms are eligible for pension.

Then there are the vetting sessions where MPs have exposed themselves to ridicule. For example, in the full glare of cameras, members of the National Assembly’s security committee chaired by Tiaty MP Asman Kamama wanted to know how President Kenyatta’s pick for inspector-general of police, Mr Joseph Boinnet, would take care of their interests should they approve his nomination.

Mr Boinnet was eventually approved, but the MPs were not too concerned about his doubtful academic credentials and experience.

In another display of their unwillingness to be held accountable, MPs who sit in the Constituency Development Fund committee have told the auditor-general, Mr Edward Ouko, that they will not allow him to use Sh200 million from the fund to track down how money allocated to their constituencies is spent. 

PUBLIC ACTION

Law Society of Kenya chairman Eric Mutua pokes holes in the Parliamentary Standards Authority option, saying the fact that the same members will decide the mandate of such a body is no guarantee it can deal with their excesses.

“The MPs have consistently come up with laws that serve their interests. The only way to deal with this is by members of the public moving to court to have such laws declared null and void... The independent Judiciary will not shy away from correcting such ills,” he says.

But Majority chief whip Katoo ole Metito says it is the height of dishonesty for anyone to claim that Jubilee was responsible for any law seen as retrogressive. Mr Metito said that in a “vibrant democracy”, it was impossible to end up with a “rogue” parliament because of the principle of separation of powers.

“Again, you expect the opposition to make up for their failures by blaming us for everything they do not like,” he said.

Majority leader Aden Duale has indicated that he will not vote for it, increasing the prospects of its rejection for fear of a public backlash.

Prof Peter Kagwanja of Africa Policy Institute, traces it all to Articles 111 and 115 of the Constitution, which create a monstrous National Assembly and a weak Senate.