Commission for the Implementation of the Constitution seeks to block grilling of Cabinet Secretaries

The Commission for the Implementation of the Constitution (CIC) has moved to the High Court, seeking to block Parliament's decision to have Cabinet Secretaries answer questions from MPs.

The commission in a petition filed yesterday argued that the action by Parliament to disguise itself as a 'Committee of General Oversight' requiring the Cabinet secretaries to routinely appear before it to answer questions from its members contravened the Constitution.

The commission through lawyer Albert Mumma argued that Parliament's action was illegal as the Constitution clearly stipulated that Cabinet secretaries are expected to appear before the parliamentary committees and not the full House.

The commission added the law clearly specified that the parliamentary committees are the ones to report to the House on their interrogations of the Cabinet secretaries.

Mumma argued the action by Parliament to have the Cabinet secretaries routinely appear before the plenary of the National Assembly to answer parliamentary questions can only be reintroduced through an amendment to the Constitution and not by amending the Standing Orders.

"The National Assembly has violated and contravened the law by purporting to introduce an amendment to the Constitution through changes to its Standing Orders. The amendments are designed to defeat the wishes of Kenyans as expressed in the Constitution," submitted Mumma.

CIC also want the High Court to quash the section of the revised Standing Orders of Parliament requiring Cabinet secretaries to routinely appear before the National Assembly.

Rights violated

Mumma argued Parliament's deliberate move is intended to circumvent and defeat the express provisions of the Constitution, which obligates every person to respect, uphold and defend it.

"By unilaterally requiring the Cabinet secretaries to attend the National Assembly every Tuesday without affording them any hearing and/or participation on the matter expressly violates their right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair," CIC submitted in the petition.

The commission argued the Constitution requires the Cabinet secretaries to be accountable to the President, saying Parliament had failed to recognise the provisions of the law which separate the powers between the Legislature and the Executive.

High Court judge Mumbi Ngugi directed CIC to serve the respondents and the matter will be heard on October 28.