Last week, two settings involving parliamentary membership revealed troubling signals regarding Parliament’s independence.
The retreat organized by the president, which involved the Kenya Kwanza Parliamentary Group, and the proceedings in the National Assembly culminating in the passage of the Affordable Housing Bill, 2023, provides an easy justification for the sceptics of parliamentary independence.
The retreat in Naivasha was reportedly organized to allow the government to appraise itself while refining its delivery roadmap.
Participants included the Executive, led by the President and his cabinet; the Kenya Kwanza Parliamentary Group; and the Council of Governors.
President’s Outsized Role and Unequal Engagement
Indeed, embracing consultation is in keeping with a good governance culture. It, however, becomes unsettling when a consultative spirit paves the way for an asymmetrical engagement.
The sad reality of our situation is that a sense of fear and inferiority still characterizes reverence for the president. The president continues to play an outsized role, over and above the bounds defined in the country’s laws.
It is particularly unsettling when members of another branch of government fall under the president’s outsized spell, thereby infinitely ingratiating themselves.
We saw this unfolding in Naivasha regarding the president’s engagement with Kenya Kwanza’s Parliamentary Group.
His forceful demeanour and language toward MPs, especially those appearing to disagree with his policies, betray the inter-branch equality in the current constitutional dispensation.
The High Cost of a Subservient Parliament
The analogy between the exam leakage and the 2027 electoral cycle revealed the enduring legacy of an incumbent president brandishing their election card to neutralize the independence of thought by legislators.
Existing evidence points to the disruptive consequences of MPs’ high turnover rates toward establishing a solidly grounded, independent legislature.
The instruction to Parliament to slow down on summoning cabinet secretaries further affirmed the president’s seniority over Parliament.
It needs to be corrected for the Executive to define an engagement framework for Parliament.
The Weaponization of Tactics and Ignoring Dissent
Away from Naivasha, the extent of Parliament’s degradation was most evident during the processing of the Affordable Housing Bill 2023 by the National Assembly.
When taking the final vote on the bill last Wednesday, a whopping 149 members of the National Assembly were no-shows.
How such a number, approximately 43% of the National Assembly’s membership, failed to turn up for the processing of the Bill that has generated immense public interest is symptomatic of the suppressed independence of Parliament.
The processing of bills falls squarely within the legislative mandate of Parliament. Its execution is done in the relevant House of Parliament.
Naturally, it requires that members be present in the House. Failure to turn up is an unacceptable dereliction of duty.
Commenting on the situation, the National Assembly Minority Whip, Junet Mohamed, attributed the absence of some members to intimidation by the Executive.
Even though he presented no proof, it is not entirely inconceivable the extent to which the Executive would go to secure its legislative interests.
Our history is replete with the unorthodox tactics the Executive has previously used to bulldoze its way into Parliament, including the weaponization of development.
Patronage, clientelism, and outright intimidation have been the Executive’s favourite tools to manage its relationship with Parliament.
The minority side has sustained its criticism of the Parliament’s loss of independence, pointing to various manoeuvres instituted to frustrate their work.
Minority Leader Opiyo Wandayi has, for instance, voiced concerns about shortening bill debates.
Specifically for the Affordable Housing Bill, the minority side complained that their proposed amendments were ignored and were never included in the National Assembly’s order paper.
The timing of the passage of the Affordable Housing Bill is not lost on observers either.
While on a tour of Nyeri earlier in the month, the president came close to instructing Parliament to pass the Bill swiftly to open up employment opportunities for youths. The timing of the bill processing coincided with the president’s indicated timeline.
An appeal must be made to Parliament not to betray the Constitution by prostrating itself to the Executive.
