Ministers feel the heat of new laws in Parliament

By STEVE MKAWALE

Parliament is breathing down the neck of the Executive, as it exercises enhanced constitutional powers, and ministers are feeling the heat.

As a pointer to how real this issue is, Prime Minister Raila Odinga Thursday protested to Members of Parliament over the new powers they had acquired as a result of the new Constitution. He said it had made life unbearable for Cabinet ministers.

The PM expressed ministers’ frustrations at the hands of the Legislature, a move Deputy Speaker Farah Maalim defended, saying it was democracy at work.

The PM appeared to cajole MPs to go easy on the ministers, as he called for dialogue between the Executive and the Legislature over laws aimed at operationalising the new Constitution.

Raila said Parliament must give space to the Executive to function, lamenting it has been challenging for the Cabinet to process the draft pieces of legislations for onward transmission to the House and handling other functions of the Government.

"There has been friction between the Executive and the Legislature over the delay in processing draft legislations. What Parliament needs to understand is that the drafts must go through certain process before coming to the Cabinet for deliberations," the PM explained.

Maalim disagreed with the PM, arguing the friction was as a result of democracy. "Your frustrations are understandable if committees have become a thorn in the flesh of the Executive. That is the price of democracy. That is how things ought to be. If the two work harmoniously, there will be a cause to worry," he said.

House Speaker Kenneth Marende said the success of implementing the Constitution lay in the unity of leaders, and was optimistic the Coalition Government would live its full term.

"For the past four years, the Kenyan nation has, without doubt, added to international experience best practice in the management of a coalition government," he added.

The Speaker pointed out that whereas there have been prophets of doom who had all along wished for the worst to happen to the Coalition Government nothing of the sort had happened.

"Our detractors were cynical and waited for failure, but it has been long coming and is unlikely any time soon. We are, and must remain awake to the reality of the National Accord and Reconciliation Act 2008, and its constitutional factual being," said the Speaker.

Committee meetings

Marende observed Kenya had learnt her lessons well out of the debacle of the Memorandum of Understanding of yesteryear and therefore would uphold the Constitution.

But Raila said law makers had put the Cabinet under pressure over the draft Bills that have constitutional timelines without considering the circumstances and challenges of ministers.

Raila challenged Parliament to look into how Cabinet ministers can be exempted from attending parliamentary committee meetings. He said ministers were taking a lot of time in such meetings at the expense of other Government business.

"As the chairman of the Cabinet committee I have been unable to conduct business of the Government as ministers are often summoned to attend to parliamentary committees. Such functions should be delegated to experts in the ministries," advised the PM.

Raila was speaking at the Windsor Golf Hotel and Country Club where he opened the Kenya Legislative Development Conference for MPs.

The two-day conference brought together MPs to reflect on institutional changes and the future of Parliament under the new Constitution.

Raila noted that Parliament has spearheaded some great institutional reforms that have spared the country the perils that other African countries have undergone.

"Some of the changes include the push for the reintroduction of multi-party politics and increased democratic space since 1990, the return to calm after the 2007-2008 post-election violence and the passage of the new Constitution," he went on.

He hailed the 10th Parliament for its role in giving Kenya the new Constitution, but added there was still a lot to be done.

The PM, however, said he was confident that the current Parliament was up to the task and would not fail Kenyans. "The 10th Parliament has worked beyond official hours to pass many pieces of legislations that have gone a long way in implementing the Constitution," said the PM.

Marende argued for the country to make the new dawn a reality, leaders must remain united to build strong institutions and engage in sustainable and democratic practices that embrace the healthy political competition.

"Give dialogue, negotiation, accommodation, and tolerance a chance for the national good. We need to take deliberate steps to replace the norm of zero-sum or winner-takes-it all with a determination to have Kenya win," emphasised the Speaker.

Most desirable

Marende said for the country to realise the fruits of the new Constitution, all holders of constitutional offices must comply with the law.

The Speaker was optimistic that the issues discussed at the conference would give direction and help in giving priorities when implementing the Constitution.

"Our role as leaders shall remain ever so critical in this endeavor and cannot be gainsaid. It is my sincere hope and plea that a most desirable output of this assembly shall be an agreed framework for consensus building so us to expedite the legislative process for the remainder of statutes due in the residue of the life of the 10th Parliament," said the Speaker.

The two-day conference was organised by Kenya National Assembly and development partners – USAid and the UK department for International Development – that have been spearheading good governance and democracy programmes.