Story by OWINO OPONDO - Parliamentary Editor
The Tenth Parliament, set to hold its first session on Tuesday, is a child of the people’s collective revolution at the ballot box.
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| The 10th Parliament is set to hold its first session on Tuesday. Photo/FILE |
That rings true if one considered that only 80 MPs who served in the previous House have been voted back. Of all the 210 members, 130 will be fresh faces, with only a few of them having been in the House for a term or more before.
It was during the last General Election on December 27 that Kenyans decided to slay out 22 ministers, some of them party leaders and regional political chiefs.
The party leaders who were jettisoned included Mr Simeon Nyachae (Ford-People), Mr Musikari Kombo (Ford-Kenya), Dr Mukhisa Kituyi (New Ford-Kenya), Prof Wangari Maathai (Mazingira), Raphael Tuju (Narc-Kenya), and Mr Paul Muite (Safina).
It will be interesting to see how the mystery of the missing bosses affects the position taken by MPs from different parties on business before the House. For a long time, party leaders have wielded so much power over the running of their parties and the fate of their members.
For example, MPs loyal and friendly to their party bosses, invariably, get themselves plum jobs such as chief whip. The blue-eyed ones are also appointed to as many departmental committees as is allowable by House rules. There is additional cash for attending committee sittings.
Public distress
The largesse for the loyal ones does not end there. It is extended to ad hoc committees, usually appointed to respond to matters of immense public distress. Even there, nothing is for free, and members are paid for every sitting attended.
Five political parties qualified to nominate the 12 MPs.
Besides the nominated seats, ODM and its Narc affiliate have 102 seats, PNU and its friendly parties have 78 seats, while ODM-K has 16.
In the PNU coalition are Kanu (14), Safina (5), Narc-K (4), Ford-P (3), New Ford-K (2), DP (2), Sisi kwa Sisi (2), Mazingira (1), Ford-K (1), and Ford-A (1). It is yet to be known on which side of the House the 11 MPs who were elected on un-affiliated parties will sit.
However, a number of the fringe parties had by last week formed an outfit called Small Parties Parliamentary Group as the vehicle they hope to use for collective bargaining within the House. Together, they form a bloc of 30 MPs; a number that could easily swing voting in Parliament.
Based on numbers, ODM will be expected to nominate 6 MPs, while PNU will pick 3 additional members. ODM-K, Kanu and Safina have one seat each.
The Electoral Commission of Kenya ordered repeat polls in three constituencies; namely Kamukunji in Nairobi, Wajir North in North Eastern Province, and Kilgoris in the Rift Valley.
Judging from the membership strata in the House, it is clear that no particular party will push through a constitutional legislation without reaching out to others for additional votes. The support of at least two thirds or 148 of the 222 elected and nominated MPs is required to amend the supreme law.
House rules demand that the Speaker must get the support of two thirds of MPs during the preliminaries. So far, no single party can meet this requirement.
A run-off is allowed between the first and second candidate during the third round where a simple majority applies.
It is not clear whether Parliament will base the two thirds majority on 222 members or 219 because three seats are vacant. If the latter is applied, then one seeking the seat of the Speaker must garner at least 146 votes.
Although the application of the two thirds rule or simple majority of those present are both legal routes for electing the prefect of Parliament, the former holds more moral prestige.
Partisan leanings
This is because the Speaker is expected to be above partisan leanings, and must guide debate in a manner that is not soiled by any dot of reproach. The tide of acrimony that has since greeted the election results in several parts of the country is a spectacle yearning for national healing. Parliament is the first place to begin that process. It requires a firm and fair Speaker agreeable to most MPs.
Indeed, one seeking to clinch the Speaker’s chair is required not only to understand the rules of debate. He or she must also be ahead of the MPs in grasping how laws they intend to make or amend sit with the general legal furniture of the country.
The Tenth Parliament will have more elected women than its predecessor. Their number has almost doubled from eight to 15. In this category, Rift Valley Province is taking six elected women to the House, followed by Nairobi and Eastern which have tied at three apiece. From Central Province are two, and Coast has elected one woman member.
No woman parliamentary contestant sailed through in Nyanza, Western, and North Eastern Provinces. These are areas parties allowed to nominate MPs should be identifying women for the august House.
It is yet to be seen if the new Parliament will continue with the bad manners of the House before it by failing to appoint any woman MP to chair a committee. This is a matter that should urgently be addressed if our leaders are committed to gender balance in appointments to public offices.
The bulk of MPs’ work in most parliaments the world over has moved to committees where the largely 11 members fine-tune forthcoming Bills and related legislative work. Leaving women MPs - and most of them are well educated and experienced in their own right - out of committee leadership will be akin to a House preaching water while gulping colossal amounts of wine!
It will be interesting to see how first-time MPs will cope with the speedy pace and demands of legislation in a world that is now a global village. Yet politics is, perhaps, the only job in the world for which intellectual preparation has not be seen necessary, even as law-making becomes more technical.
Experts have for sometime been proposing an elaborate induction programme for MPs, far beyond being shown the plenary, offices, car parks, members’ lounge, and the library. It has been suggested that new members be taught the Standing Orders and related matters to make them understand their legislative roles better.
Such inhibitions have not been demolished by a number of tired practices Kenya borrowed from the British Westminster model. In essence, such rules, long by-passed by the dictates of time and space, have made our law-making long and unnecessarily winding.
The former Parliament had the deputy speaker and Mwingi South MP David Musila chair a committee of MPs that proposed a raft of changes to the Standing Orders to infuse flexibility and speed up legislation.
Among other things, the Musila sub-committee sought to enhance the role of MPs in the preparation and monitoring of the Budget. It created the Fiscal Analysis and Appropriations Committee comprising 15 members appointed by parliamentary parties based on their relative majority in the House.
The committee shall, among other things, examine annual estimates to be presented in Parliament by the Minister for Finance not later than the 15 day of December preceding the year in which the proposals relate to. Included in the estimates will also be the tax measures the Government wishes to implement to raise money for its projects.
It is noteworthy that the Musila-led team has proposed the deletion of the ignoble “guillotine” where – to meet the October 31 deadline – MPs pool estimates for several remaining ministries and pass them without scrutiny. Even British Parliament has long ditched the ‘guillotine” on the crest of demands for more openness in the use of public funds.
There was also an attempt to cast the ghost of perennial lack of quorum that, many times, interrupted the business of Parliament. The sub-committee retained that at least 30 MPs- excluding the person presiding- constitute quorum during chamber sittings, with a catch: No bills or motions to be passed or voted down without the requisite numbers.
The Ninth Parliament passed many important bills and motions without quorum. And to ensure the Government acts on resolutions, petitions, and bills passed by Parliament, the sub-committee proposed the appointment of the Implementation Committee. This is the case in other Commonwealth countries such as India.
If the draft is adopted by Parliament, committee sittings will be open to the public to ensure transparency.
The Musila team also had some suggestions on the composition of the watchdog Public Accounts Committee. If passed, the committee will continue to be chaired by the Leader of the Official Opposition party, while its other nine members (with a majority from opposition parties) appointed after the General Election shall serve for three years. Their replacement shall continue for the remaining three years of the life of a Parliament.
Changing committee members midstream is a good idea. It checks stagnation of ideas and vested interests.
Yes, amending the Standing Orders should top the agenda of the Tenth Parliament.
The 10th Parliament is set to hold its first session on Tuesday.
Lifted and published by Korir, API/APN africanpress@chello.no source.nation.ke