Saturday, August 27, 2011

New laws give MPs opportunity to flex muscle



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Photo/FILE  MPs during a past session in Parliament.
Photo/FILE MPs during a past session in Parliament.  
By JACOB NG’ETICH jngetich@ke.nationmedia.com
Posted  Friday, August 26  2011 at  22:30
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The process of implementing the Constitution has highlighted the powerful role Parliament will play in the new dispensation.
Few institutions get to have as much power from the new law as the legislature.
Parliamentarians will now no longer just approve the budget prepared by the Finance secretary but will actively shape it.
The House will also have a decisive say on appointees to key public office as shown by the current vetting of candidates for the posts.
Chairman of the parliamentary Committee on Implementation of Constitution Abdikadir Mohamed says the new Parliament has become truly representative of the Kenyan people.
Mr Mohamed says the National Assembly has been delinked from the Executive.
“For the first time in our history, the legislature is acting as the representative of the people and will continue to help Kenyans ensure that they check on the Executive, ” says Mr Mohamed
Political scientist Adams Oloo also says that under the new system, the Executive will not be in the House like in the past.
“Cabinet will no longer bring Bills to the House and will have to forward them through MPs or House committees. This give Parliament the muscle to competently debate the Bills without the overbearing effects of the Executive,” says Dr Oloo.
Mr Kipchumba Murkomen, a law lecturer and political analyst, says Parliament now has the power to check the appointments of State officers, commissions and other independent State offices.
“You have seen what happened in the past where parliamentary committees have thoroughly vetted State officers in a way that has never been seen before in Kenyan history,” said Mr Murkomen.
New Director of Public Prosecution Keriako Tobiko only got the job after rigorous vetting. Eleven MPs voted for his appointment and 11 against, with one abstention.
“This indicates that the House now has a much bigger say. They can kick you out if they think you are not up to the task,” says Mr Murkomen.
He says since the promulgation of the new Constitution, appointments were no longer a shoo-in.
Cherangany MP Joshua Kuttuny said one of the most important roles that Parliament had been allocated is actively shaping the budget.
“The Finance Secretary shall have to provide to the House his budget proposals three months in advance so that MPs as representatives of the people can look through it and include their input before it is approved,” he says.
Mr Mohamed said the role of the House will be different and more prominent than in the old constitution.
The Mandera MP, however, says it was a good feeling to sit with the Executive and take it to task in the House.
“A lot has changed and Parliament will not be the same again. There will be no question time in the next House and all that parliamentarians will have to do is to make laws and check the Executive,” he says wistfully.
Foreign Affairs assistant minister Richard Onyonka says MPs now had an important role of legislating, which was critical in nation building.
“They will play a greater role in making laws, which is and will be their core work. That role is immense and important,” he says.
Mr Onyonka says implementing the laws had diverted MPs from their duty of legislating, but the new Constitution had restored this.
The Minister for Forestry and Wildlife, Dr Noah Wekesa, says legislators will now take their proper roles, unlike in the past when they were involved in many extra curriculum activities.
He says the current MP is a jack of all trades — cabinet minister, fund-raiser and many other roles that blurred the core functions.
“In future, the Executive will do its work and the governor will deal with local issues, leaving MPs to make laws,” says Dr Wekesa.
Cherangany MP Joshua Kuttuny agrees, saying legislators under the new law will play a greater national role.
“Given the roles accorded to the National Assembly, the MP will be an enviable national leader, legislating on national issues,” says Mr Kuttuny.
Unlike in the past when the President could dissolve the House when he deemed it fit, Parliament now has control over its calendar.
Mr Murkomen says these powers are now vested in the Speaker of the National Assembly.
“In the past the House could be held to ransom by the Executive as the President had the magic wand to dissolve the House. He could use this as a weapon to whip MPs into line,” says Mr Murkomen.
He, however, says there are fears that the MPs could use these newly acquired powers for their selfish goals.
“We have already started seeing MPs target for removal some State officers they feel were not kind to them during their tenure. A good example is the current move to kick out the Kenya Anti Corruption Commission and its boss, Patrick Lumumba,” says Mr Murkomen.

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