Njoki Ndung’u

This week’s best news was the unveiling of the membership list of parliamentary committees by Chief Whip George Thuo and his deputy Jakoyo Midiwo.

This development is of immense importance. Committees are the engine of Parliament; the driving force of the legislative process nuts and bolts. It is in these departmental committees that MPs discuss and polish Bills and policy documents before they are presented on the floor for debate, adoption or rejection.

The units provide oversight on the relevant ministries. This is the main way by which Legislature scrutinises actions of the Executive. The committees are empowered to summon public officers on pertinent issues and to access information that may otherwise be in the realms of official secrecy. Committees also provide a formal space for public interaction and engagement with Parliament.

It is interesting, therefore, that subsequent news analysis on the committees composition was painted in duelling colours. The key words were purported winners and losers, focusing on which political party emerged triumphant in the list ostensibly at the expense of its rival in the battle for control of various committees.

Such an important milestone cannot be viewed with the victor-vanquished lenses particularly because purported control of House committees is just a hollow win. I say this because strict control of committees only applies where competing parties have different and diverse policy interests. The latter, for instance, is seen in the US where the Republicans and Democrats have completely different policy and implementation blueprints on nearly every important issue. Their approach to foreign or health policy is what makes former President Bush administration completely different from President Obama’s.

Tussle for supremacy

The management of a parliamentary committee can only be of genuine benefit to the nation when it brings about national policy change. In the Grand Coalition, there is no doubt there exists political competition between PNU and ODM. But is this tussle for supremacy truly meant for the greater good of the country? Will oversight on the Transport Ministry improve because ODM controls the relevant committee? Will we witness more focused foreign policy merely because PNU controls the relevant committee?

Under the circumstances, it is important to ponder whether policies that are implemented really belong to either of the parties. And if so, does that mean one party policy reigning supreme over the other? In any case, are policies of these parties different? If one looks closely at their manifestos, parliamentary or otherwise, they have more similarities than differences. Thus in the case of House committees, and unless parties provide clear alternative policy platforms, it actually does not matter who is in control.

There are, however, several positive features emerging from the latest committees package. Firstly, committee proceedings are now open to the public. Secondly, there are a number of new committees, some of which are revolutionary landmarks in our parliamentary history.

One of these new units is the Equal Opportunities Committee, which is mandated to investigate and report discrimination against persons based on gender, age, disability, health status, ethnic, racial, cultural or religious background. It will please those craving for relevant political policy platform and who for many years have lobbied on issues relating to questions of inequality for women, youth, pastoralists, ethnic minorities, and persons with disabilities.

Another one is the Committee on Delegated Legislation, which is the fruit of a Motion moved by MP Amina Abdallah in the Ninth Parliament. This unit will scrutinise rules and regulations that accompany legislation process. This is critically important to ensure that errant or lazy ministers table delegated legislation promptly and that the same reflects the spirit intended by Parliament.

Deliver on promises

Finally, there is the Committee on Implementation, which will ensure implementation of Executive’s assurances or commitments. For example, if a minister responds to a parliamentary question on security and assures a member his constituency will get a police vehicle and does not deliver on the same, he will have to face the wrath of this team. He will be compelled to deliver on his promise!

As a final observation, amid analyses of wins and losses for ODM and PNU and how they will be sharing the leadership of the teams, there was, sadly, no mention of the gender issue. It is sad that, 46 years after independence, Kenya is yet to have a woman chair a parliamentary committee!

This is no longer tenable. It is a manifestation of the lip services main political parties continue to play in quest for gender representation. We must, therefore, hold the Grand Coalition true to their word on the appointment of women to one-third of public positions. And there is no better place to lead by example on this than in the leadership of parliamentary committees.

The writer is an advocate of the High Court — ndungunjoki@yahoo.com