Covid-19: MPs set for clash with Matiang’i over curfew

Members of Parliament are headed for a clash with Interior Cabinet Secretary Fred Matiang’i over the dusk-to-dawn curfew as they insist the regulations should not apply to them.

The lawmakers argue that the House Standing Orders in section 30(2) clearly state that sittings should be held between 2.30pm and 7pm and that the CS has no powers to alter the National Assembly’s procedures.

“Unless we amend the Standing Orders, we cannot go with what the CS has published in the regulation as far as the curfew is concerned,” Majority Leader Aden Duale (Garissa Town) said.

“As long as I am in the chamber, my business ends at 7pm so the curfew does not apply to an MP on a parliamentary sitting day. Nobody can alter the calendar of the House,” Mr Duale added.

ESSENTIAL SERVICES

MPs argue that most of the pronouncements by the Executive in the fight against the coronavirus need legislative backing and that they should, therefore, be listed as part of essential service providers.

While MPs are allowed to travel to Nairobi to attend to parliamentary business, their work was not included in the list of essential services.

National Assembly Minority Whip Junet Mohamed (Suna East) said if the curfew is applied to MPs, then lawmakers will be constrained in contributing to important bills and motions affecting Kenyans.

He said, “Why was this House not included among institutions providing essential services yet everything that the government does requires legislation and legal backing and the only body that can give that legal backing is this House?”

REVIEW

National Assembly Speaker Justin Muturi said the committee on delegated legislations will review some of the legal notices which violate Article 94, clause 5 of the Constitution and make appropriate recommendations to the House.

“Our committee of delegated legislations will be looking at some of those things without having to deal with [the matter] administratively. Let’s deal with it legislatively," hje said.

“We don’t want to go begging anybody; we just want to do our work as stipulated in the Constitution."

CS' POWERS

The Public Order Act gives the Interior CS sweeping powers to impose a curfew on a geographical area, forcing residents to remain indoors for a specified period.

“A curfew order shall be published in such A manner as the authority making it may think sufficient, to bring it to the notice of all persons affected thereby, and shall come into force on such a day, being the day of or a day after the making thereof,” states the law.

According to the law, the curfew remains in force until rescinded by the minister.