NAIROBI: No other institution enjoys as much power and autonomy as Parliament does today. Under the 2010 Constitution, Parliament was bestowed with more powers than even the presidency, but while this should humble our parliamentarians, they are still determined to arrogate themselves more powers and immunity from prosecution during their term in office and beyond.
This is despite the fact that not only have parliamentarians underutilised those powers, they have misused them to pass bills that are more beneficial to them than to the country at large.
It should be recalled that last year, Parliamentarians disassociated themselves from being identified as state officers in order not to fall within the ambit of the Salaries and Remuneration Commission (SRC) in a calculated move that allowed them to determine their own salaries and perks.
The Constitution (amendment) Bill 2015 sponsored by Ugenya MP David Ochieng seeking to alter the 2017 election date can only serve the MPs’ interests. Last year, Parliament passed the Parliamentary Powers and Privileges Bill 2014, which gives them immunity from prosecution for anything said and done on the floor of the House.
After that passage, MPs shamelessly engaged in a physical fight in Parliament in December last year over the chaotic debate on the security (amendment) bill 2014, secure in the knowledge they could not be held to account. In addition to this, Parliament is vested with the powers to approve presidential appointments and vet public office holders.
Too much power appears to have gone to the heads of parliamentarians. There is danger of parliamentary dictatorship if MPs are allowed unfettered freedom to use the floor of the House to settle political scores, polarise the country through irresponsible talk, or misuse those powers to enrich themselves and get undue advantage over other Kenyans.
MPs must not be allowed immunity from prosecution in and out of office, for then, the law will not be seen to apply evenly across the board. Today, only the head of state enjoys freedom from prosecution while still in office. By granting parliamentarians similar powers to those enjoyed by the president and beyond, we shall be creating two centres of power with competing interests.
If Parliament had exhibited the same zeal they show in passing motions that benefit them directly, there would be no need to seek an extension beyond the constitutional deadline to pass the pending 28 bills.
Even as the bill sponsored by Homa Bay MP Peter Kaluma seeks to create a super class of Kenyans guided by a different set of rules, MPs must tell the country exactly what constitutes good faith and the exact point of departure.
We cannot afford to have in place vague legislation that grants MPs more powers to ride roughshod over hapless Kenyans and escape censure by hiding behind irregular and suspect laws.
Checks and balances are assured when the three arms of government work in a harmonious and complementary role. Separation of powers cannot be interpreted to mean exclusivity even where one arm of government has gone completely overboard. Parliament has proven it cannot handle the powers it has well and giving it more powers and rights is endangering the freedoms and rights of other Kenyans.
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