Our MPs making laws for their self-interest

Now look what Members of Parliament and Senators are asking for? They want to change the law so that they can sit on county committees that decide development projects, decide the expenditure and timelines and procurement. That is a new role to be added to the traditional and constitutional one of legislation, oversight and representation.

So, if they have their way, we are going to have a scenario where our twin houses of Parliament decide what to spend, how to spend, why to spend and when to spend in the counties.

Then they will wear new hats and decide whether money was prudently spent; whether or not the projects were noble and whether their objectives were met or will be met.

This is unacceptable and, there are no two ways about this. What MPs and Senators are asking of us is that they be members of a football team on the pitch and to also officiate the match.

Politics has no rules which is why all too often politicians gravitate towards the law of the jungle driven by a strong desire and pursuit of self-interest.

The drive by MPs to change the law or introduce legislation to enable them oversee expenditure by county governments is legislating for self and selfish interest. We are here seeing people who have suddenly realised that the job they were given, which is national, is not as powerful as being governor and having control over county finances.

Incredibly, in their fight against governors, MPs want the financial allocation to counties from the national government slashed to a mere 15 per cent from the current 30 per cent. That is a direct assault on devolution, which the Constitution ushered in to give local people power over their resources and how they should be used for their overall betterment.

So we have MPs and Senators who are fighting their own people, fighting devolution and, therefore, fighting the Constitution. As I say, devolution is the star of the Constitution. Devolution was demanded by the people of Kenya to address the imbalances in development and empowerment that the centre has wreaked on regions for 40-plus years.

It is tragic that Senators who have been derided by MPs as belonging to a junior house that is home for the aged, tired and retired, should suddenly gang up with their detractors to fight the Constitution. Of course MPs are hurting because the Constitution makes the county the unit of development and not the constituency.

UNIT OF DEVELOPMENT

But is not the Senate supposed to be the custodian of the devolved units? Why is the constitutional devolution game warden turning poacher?

Indeed, why are the twin houses of Parliament ganging up on governors and the Judiciary? Government super hawk Aden Duale smiled and smacked his lips as he said “now that we have got Sh5 billion ...” (READ: Ruto dares MPs over control of Sh3.4bn fund)

It should be noted that as MPs voted to give themselves Sh5 billion for mortgages and cars, they slashed Sh500 million from the Judiciary’s budget earmarked for construction of courts around the country. In their fight against the Judiciary, MPs won game, set and match for themselves. But they delivered delayed justice for Kenyans. Justice delayed is justice denied.

It has been argued that the Judiciary is blocking the Legislature from doing its work because it is packed with activist judges. An activist judge is one who legislates from the Bench.

Show me one and show me his or her law. Secondly, I have not seen judges block operationalisation of legislation meant to ensure Kenyans are better housed, better fed, better dressed or better resourced. Show me one such manoeuvre.

The animus by both houses of Parliament on governors and Judiciary was triggered by court orders barring the Senate from discussing the impeachment of a governor and barring some governors from appearing before a Senate committee. This cannot amount to stopping the Legislature from working or legislating from the Bench.

What we are seeing here is a deliberate and determined ignoble political scheme to hobble the Judiciary by denying it funds. It is meant to take the Judiciary back to the dark days in which it wallowed in political servitude and financial insecurity. This way, justice will be delayed yet Chief Justice Willy Mutunga has promised it will be dispensed expeditiously.

We are witnessing a clear scheme by the Legislature to legislate for self and self-interest to defeat the will of Kenyans as expressed in the Constitution. Folks, the Constitution must remain our defender and the Judiciary its custodian. Defend the Constitution.

Opanga is a media consultant. [email protected]