Mr President, adherence to law will solve impasse with MPs

The stand-off between the Executive and the Legislature over the right and legality to summon Cabinet secretaries before Parliament descended into near farce yesterday when two Cabinet secretaries vanished into thin air in Parliament Buildings.

Interior Cabinet Secretary Joseph ole Lenku and his Education counterpart Jacob Kaimenyi were scheduled to appear at Question Time in line with the newly, but contested, Parliamentary Standing Orders.

Lands Cabinet Secretary Charity Ngilu had appeared before the House earlier and taken questions from the MPs.

After the disappearing act by her Cabinet colleagues, the MPs spent the rest of the day's session disdainfully castigating the Executive.

Parliament is adamant that it will go ahead with plans to summon Cabinet secretaries to answer questions relating to their respective docket.

The Commission on the Implementation of the Constitution has threatened to go to court to bar Parliament from summoning ministers, which it says is in breach of the law.

Head of Public Service Joseph Kinyua has chosen instead to write to the Clerk of the National Assembly asking him to suspend the summonses until consultations are over.

It is not hard to see that this will lead to further stalemate.

The three arms of Government have often differed. This showmanship portrays a lack of leadership not limited to Parliament and the Executive. It extends to the Judiciary as well.

Yet bigger interests unite than what divides them.

There is no doubt that over time, the 12th Parliament has become intransigent. The fear of many (including this newspaper) is that MPs could use Question Time to blackmail Cabinet secretaries for favours so as to be given an easy time on the floor of the House. It has happened before.

On the whole, it seems Parliament is not willing to complement the other arms of Government, but rather, seeks to direct their affairs.

This negates the principle of separation of powers between the Executive, Legislature and the Judiciary as spelt out in the 2010 Constitution. That must be respected.

Amid the cacophony, President Uhuru Kenyatta must demonstrate leadership and give direction to the belligerents. He owes it to Kenyans not to fall prey to political expediency and machinations while the country cries out for focused leadership.

After all, he swore to defend the Constitution of Kenya which provides for a Presidential system. He is caught in a situation where he must please all sides.

The Constitution will bear him out if he does the only right thing that he ought to do.

As a start, perhaps it could be of help to reacquaint Parliament with the workings of a pure Presidential System. That system does not envisage the arrangement that the MPs want.

In truth, Members of Parliament have initiated an onslaught on the Constitution that must be nipped in the bud. The country is faced with a situation where Parliament sees itself as the Alpha and Omega.

Already, there is a provision for the Leader of Majority to brief Parliament on the issues directed at the Executive. That has served well for the last one year.

The Attorney General, the Government's Chief Legal Adviser, has expressed his misgivings about the summons.

He is a law scholar of no mean repute, the MPs ought to listen to him, if nothing else.