World Bank queries MPs’ capacity to conduct free, fair investigations

By David Ochami

A World Bank report has poked holes in Parliament’s investigative and oversight committees, questioning MPs impartiality and technical competencies.

And the Bank raises questions about Parliament’s ability to conduct complex and technical investigation.

However, the report hails the rising strength of departmental committees and their ability to hold the Executive to account on various fronts.

The report comes days after Prime Minister Raila Odinga and MPs clashed over the committees’ roles, particularly over procurement.

Raila had faulted the teams, saying they should not come in the way of the Executive.

Though he was not categorical, the PM said he had been told of instances where MPs were paid to ask specific questions on tendering processes in "a cash-for-question" deal.

Executive’s excesses

He told them at times MPs raised a question in Parliament regarding such contracts and since question time was limited, they referred the matter to the Public Procurement and Oversight Authority that might decide to suspend the contract for three to four months, hence delaying completion of such projects.

But the legislators and Speaker Kenneth Marende said they must watch over the Executive’s excesses.

The report says some committee members were corrupt or linked to corruption cartels, thus undermining their credibility.

Yesterday, journalists were barred from a closed-door session, which expressed reservations on conduct of some MPs and were only issued with copies of the report titled ‘Understanding the Evolving Role of the Kenya National Assembly in Economic Governance in Kenya’.

The Bank acknowledges that MPs in the current Parliament are better qualified, academically and professionally, than any previous Assembly besides being led by a Speaker and Clerk interested in reforms.

It concludes that MPs in the 10th Parliament have demonstrated unprecedented capacity to audit the Executive.

Marende says Parliament now has the technical capacity to audit the Executive and denies reports that "the legislature is being intrusive".

He says in recent times Parliament has hired lawyers, researchers, economists, financial analysts and other "highly qualified" experts to help committees.

Marende said the Executive is now alert due to the "prying eyes of the parliamentary square" and added that MPs will continue to probe the Executive at all times.

"That is a job for which the members are paid and they must discharge that constitutional obligation without apology."

The World Bank report launched yesterday says the Public Accounts Committee (PAC) and Public Investments Committee (PIC) began to flex their muscles only after the 2002 elections.

It hails PAC’s role in investigating the Anglo-Leasing scandal, but says that despite its high profile and revelatory investigations PAC has encountered a severe skills shortage, besides the weaknesses at the office of Controller and Auditor General, where the PAC derives its probes.

It adds: "Another challenge manifested at the beginning of the 10th Parliament was the risk that some MPs could become members of the PIC and PAC, even though their membership would entail a conflict of interest either because they face allegations of corruption, are allegedly allied to corruption cartels, or have commercial interests that are overseen by these communities."

Blacklisted

There are MPs who have been black listed by past reports but continue to serve in such investigatory committees.

Kanu’s Legal Affairs Secretary Justin Muturi says he encountered strong opposition from vested interests when he tried to investigate duty free sugar imports as chairman of the Public Investment Committee for five years in the Ninth Parliament.

He says besides lack of technical know how, the current committee comprises three MPs mentioned in past corruption and PIC reports, have pending corruption cases or are unsuitable to hold public office.

Mr Muturi, who is a former Siakago MP, said even where committees could bridge the technical competence gap, many MPs lack the capacity to follow complex investigation and easily get compromised to reject committee reports.

Despite considerable success, departmental committees also suffer persistent lack of quorum, lack of relevant and qualified support staff and allegations of corruption and conflict of interest among members.