Parliament has become a danger to citizens

What you need to know:

  • It says a lot for the diligence of Parliament because the World Anti-Doping Agency (Wada) had provided a template of the threshold expected.

  • In their strange wisdom, MPs chose to introduce offending amendments in the anti-doping bill.

  • The haphazard manner in which amendments are sneaked into the Constitution creates confusion in the implementation and practice of law.

Kenya’s athletes were recently taken through anxious moments because of the penchant of members of Parliament’s for not reading through crucial Bills brought before them.

MPs’ habit of mutilating well-intentioned Bills by introducing meaningless amendments was also on display.

At stake were the careers and lives of thousands of athletes who, aside from bringing glory to Kenya due to their brilliant performances all over the world, also make their living from their talent.

It says a lot for the diligence of Parliament because the World Anti-Doping Agency (Wada) had provided a template of the threshold expected.

All the legislators had to do was to domesticate and adopt the legislation. In their strange wisdom, however, they chose to introduce offending amendments.

The one that stands out is the inclusion of the Attorney General in Kenya’s proposed agency.

Our legislators must be aware that world sports authorities guard their independence jealously.

All the world federations regulating sport are very tough on any attempt by governments to sit on any body regulating sport.

Although in this case, the consequences for Kenya’s athletes could have been dire, the decision of parliamentarians to include the government in the agency is hardly surprising.

Since independence, the government has always sought to ingratiate itself into all aspects of citizens’ lives.

This paranoia intensified during the Moi era. In the infamous “mwakenya” days, one had to keep looking over one’s shoulder before saying even the most innocuous of things.

There was a let-up during the Kibaki days helped by the promulgation of a new and liberal Constitution.

The current leadership was a protégé of the Moi days.

It seems to have learned its lessons well because the days of big government are creeping back.

Also making a comeback is the practice of inviting groups from communities to State House. What these groups go to do there is anybody’s guess.

The current government has used Parliament to claw back the freedoms that were introduced by the 2010 Constitution.

Mr Moi’s Parliament was used to rubber stamp draconian laws; the current one has used the ruling coalition’s “tyranny of numbers” to change the shape of the Constitution.

The result is the same; progressive, well-meaning laws have been mutilated by malicious amendments such as those introduced to the Wada Bill.

The tragedy is that parliamentarians only think of their bellies.

Their core mandate of articulating issues pertinent to their constituents was forgotten upon election.

Indeed, their first business in the house was increasing and then defending their obscene perks.

On this issue there is no government or opposition; they are unanimously agreed.

The passing recently of a Bill to insulate legislators from prosecution was another blatant arrogance by members.

The meddling in the Wada Bill, the numerous attempts to introduce limiting provisions to the Communications Bill, and the attempt by busybodies in the government pretending to be moral watchmen of the nation are a calculated assault on the freedoms guaranteed in the Constitution.

The haphazard manner in which amendments are sneaked into the Constitution creates confusion in the implementation and practice of law.

In our situation, the introduction of new rules and laws only provides opportunity for implementing agencies to extort.

It seems there is no respite to this Parliament’s dangerous approach to legislation.

However, MPs should be cautious on matters touching on legislation that can destroy the careers and lives of the citizens.

Mr Masidza is a retired teacher and communication consultant. [email protected].