Parliamentary dictatorship proving to be a major threat to democracy

What you need to know:

  • Many institutions have suffered the wrath of parliamentarians. The Senate had to fight for its say on Division of Revenue Bill with the help of the Supreme Court. That was after Parliament had insisted that the former did not have a role in the budgetary process.
  • Anyone aggrieved by the verdict of the court can seek redress in the higher courts of the land. Blame game and threats to judges have no place in law.

Parliamentary democracy is good where the MPs are level-headed and transact mature debates. Kenya and Africa in general suffers from mediocre debates.

The Legislature behaves as an appendage of the Executive, ready to devour anyone and any institution which challenges the presidency. This habit is dangerous since the MPs execute personal agenda at the expense of the greater national good.

In the Kenyan situation, the Legislature (read National Assembly) has arrogated itself the power of the alpha and omega on national matters. The other arm of government — the Judiciary — is deemed inferior to the Legislature.

A feeling of superiority has seen the august House threaten the institution with dire consequences even on issues outside the jurisdiction of the chamber. Why the obsession with raw power?

SUFFERED WRATH

Many institutions have suffered the wrath of parliamentarians. The Senate had to fight for its say on Division of Revenue Bill with the help of the Supreme Court. That was after Parliament had insisted that the former did not have a role in the budgetary process.

This happened despite the clear provision in law stipulating the distinct roles of the two chambers. Were it not for the intervention of the highest court in the land, the National Assembly would have bullied the Senate into submission.

Judges were put on notice by the National Assembly over what the latter perceived as wrong orders, a behaviour that left many citizens wondering how the lawmakers can assume the work of interpreting laws. Conventional wisdom has assigned the interpretation of the law to the Judiciary.

Anyone aggrieved by the verdict of the court can seek redress in the higher courts of the land. Blame game and threats to judges have no place in law.

Regarding the bid to scare civil society, parliamentarians must tread with care. Civil societies played a pivotal role in the realisation of the Constitution which we all celebrate. How can the agents of constitutional reforms be harassed by the very institution mandated to act as a voice of all citizens?

My counsel to the legislators is that they must change their approach to national issues. Acting like bullies will damage the reputation of the institution.

Kenyans are worried by the rate at which Parliament is harassing other institutions. Nowhere has it been stated that the Legislature is above the law. All arms of government are required to cooperate.

None of the arms of the State is superior to the Constitution, whose authors clearly hoped that they would work harmoniously, respecting each other’s role.

Therefore, restraint is required of arms of the State for effective service delivery to the wananchi. Parliament must lead the way on this front.

BENARD AMAYA, Nairobi