MCAs risk losing seats over absenteeism

Some Embu members of county assembly (MCAs) may lose their seats after it emerged that they only show up at the assembly to register their names then go away. Later, they claim sitting allowances.

Speaker Kariuki Mate said the move amounted to defrauding the taxpayer, contravening the Constitution and abusing MCA’s privileges.

Speaking yesterday when the assembly resumed from a month long recess, Mate (pictured) said every MCA had missed a sitting in the last session without permission from the speaker’s office.

He said in the 58 sittings held between February 10 and August 6, several sittings had to be adjourned due to lack of quorum or lack of business while others lasted briefly like for four minutes.

“Some MCAs have even started to come to the chamber while improperly dressed so that they can be thrown out. Considering that members are paid sitting allowances regardless of the length of sittings, this may raise integrity issues,” he said.

In addition, he expressed disappointment with deputy Speaker Ibrahim Swaleh for being in the list of culprits, saying he had missed 10 sittings.

However, Swaleh defended himself, saying he is only absent with official invitation to attend matters affecting County Assemblies Forum, where he is the finance chair.

STERN ACTION

Among the MCAs in the list are Ngandori’s Michael Munyi, who has missed 18 sittings, while nominated MCA Rose Ndwiga has missed 10 sittings.

The MCAs may lose their seats because Standing Orders give the speaker powers to declare vacant the seat of any member who misses eight sittings in one session without written authorisation from his office and fails to satisfactorily explain their absence to the House Rules, Powers, Privileges and Business Committee.

The speaker is the chairman of this committee.

Concerns on the chronic absenteeism were contained in a memo from Clerk Jim Kauma to the Speaker, calling for stern action to be taken against truant MCAs who plan to defraud the assembly by earning sitting allowances without attending sessions.

Mate said stringent administrative measures would be instituted to ensure that only members who participate in legislative matters would be paid sitting allowances.

“I don’t remember the last time I saw a private member’s motion of bill in this legislative chamber. This trend must come to an end so that this assembly lives up to the expectations of the people of Embu County,” he said.

Meanwhile, after spending Sh4 million on a retreat in Mombasa ostensibly to build consensus on amendments to several bills before them, Embu MCAs have no business to transact at the county assembly.

The assembly’s legislative and procedural clerk on Tuesday evening issued blank Order Papers for yesterday’s sittings, indicating that the house had no legislative business to deliberate on.

This meant that the MCAs would earn sitting allowances for only appearing at the assembly chambers for a few minutes without debating anything.

The assembly consequently sat yesterday morning for less than five minutes to be informed by the deputy speaker that there was nothing to discuss.

This was despite a clarion call by Mate the previous day, urging the MCAs to generate legislative business to justify the sitting allowances they earn.

Swaleh called on MCAs to frantically prepare amendments on the six bills expected to be debated in a committee of the whole assembly by yesterday afternoon.

This begged the question as to whether the amendments were not discussed and agreed upon during the controversial Mombasa retreat.

CONTROVERSIAL OFFICE

The deputy speaker adjourned the house that had convened at 9am at exactly 9:05am and afterwards, the MCAs half-heatedly left the legislative chambers and milled around the parking lot to discuss the best way of handling the lack of business crisis.

At the same time, the county government will be unable to pay its suppliers or initiate development projects following the barring of the assembly from debating a Supplementary Budget because of a court order.

Mate acknowledged that the assembly was late in considering the Supplementary Budget estimates hence would be in breach of a court order and attract stiff penalties since it contained funds for a contentious MCAs office complex project.

Construction of the complex that would have cost Sh335 million has been temporarily halted by the Embu High Court pending hearing and determination of a case by two residents to have the project abolished.

Speaking during the official opening of the assembly, Mate said he would not risk being held in contempt of court by allowing MCAs to canvass matters that are before the court.