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"speaker_name": "Mr. Ethuro",
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"content": "Mr. Temporary Deputy Speaker, Sir, I beg to move the following Motion:- THAT, this House do grant leave to introduce a Bill to amend Sections 58 and 59 of the Constitution of Kenya to provide for the National Assembly to control the calendar of business in the House. Mr. Temporary Deputy Speaker, Sir, this is the third attempt that this House is trying to pass this Motion. It is so obvious and desirable that every institution and, particularly, the august House must be able to control its own calendar for just a basic and sensible thing of knowing when to resume the business, when to adjourn and when to go for elections. This Motion comes against a back-drop of an assertive country. Kenyans are expecting this country to move forward and we as their representatives, would like to do our bit in ensuring that the principle of separation of powers between the Executive, Judiciary and Parliament must be enshrined in the Constitution. In the previous attempts, we were in unanimity on the need to control our calender because if you look at all the amendments that have taken place in our Constitution, about 34 of them since Independence have all been moving in one particular direction. It was an issue of amending the Constitution to empower the Presidency to make it all powerful, important and omnipresent. They were always moving in that particular direction. As a nation, we have to trust institutions and not personalities, no matter how beautiful or handsome they may be. Institutions are more important than the personalities in them. Mr. Temporary Deputy Speaker, Sir, if you look at Section 5 of the Constitution, it vests legislative powers in Parliament and Parliament is defined as comprising of the President and the National Assembly. Then all of a sudden, you get the President now being the one who knows when we should come and when we should go home. This section can only represent a sad relic of an imperial Presidency. It can only determine that Parliament that was elected by the people--- That we come here through very competitive elections and do not know when we are going home is sad because what does Section 59 say? Section 59 says that the President \"may\" prorogue or dissolve Parliament at any time without any reason or justification. Even primary schools have calenders and when they close. We know when they go on half-term. We know when there is a speech day and we, as parents, are asked to attend. However, the Parliament of Kenya does not know when it will go home. This has been used by the Executive as a secret weapon, especially when it comes to the final year when we October 29, 2008 PARLIAMENTARY DEBATES 3105 are about to hold general elections. It holds the country at ransom. As a Member of Parliament, you even do not know whether to get a loan because you do not know when you will go home next. How do you plan? Mr. Temporary Deputy Speaker, Sir, more substantially, as the premier institution of the land, if you go to Section 23 of the Constitution, it says the Executive Authority of the Government of Kenya shall vest in the President. Section 23(2) says:- \"Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the President\". It, therefore, means that even though the President has those Executive powers, we, as Parliament, can still actually help him in discharging some of those responsibilities. Is that an institution that we want to put under one person to control its calendar? Mr. Temporary Deputy Speaker, Sir, I know the fear of people is in Section 59(3) which says:- \"If the National Assembly passes resolution which is supported by votes of a majority of all the Members of the Assembly (excluding the ex-officio members), and of which not less than seven days' notice has been given in accordance with the Standing Orders of the Assembly, declaring that it has no confidence in the Government of Kenya, and the President does not within three days of the passing of that resolution either resign from his office or dissolve Parliament, Parliament shall stand dissolved on the fourth day following the day on which that resolution was passed.\" Mr. Temporary Deputy Speaker, Sir, this has been used as an opportunity for Parliament not to act on major scandals of corruption. This is because everybody fears that if we pass a resolution of a vote of no confidence in the Government, like you attempted all this morning; when you have a Government that is not responding to Questions that we ask on behalf of the Kenyan people, there is reason to start wondering whether the Government is competent enough and whether it can continue enjoying the confidence. We are not yet there. I want to allay these fears. The few Members who have come here should relax. We are not yet there but we are seeing the building blocks of an executive that is not taking the House seriously. Mr. Temporary Deputy Speaker, Sir, I really do not think this Motion should take a lot of our time. I only need to say that Parliament will need to consolidate the dignity, the authority and independence of this Parliament. One of the specific objectives will be to provide for Parliament to prorogue, dissolve and convene on a definite date. It will also provide for a recall of Parliament. Mr. Temporary Deputy Speaker, Sir, this business of seeking for leave of the House has frustrated our work. The public out there think that Parliament is not productive. This is the third time we are discussing this Motion. A Bill was even published earlier but we do not know if this will even see the light of the day. Mr. Temporary Deputy Speaker, Sir, I am going to ask good friends; as you can see the attendance has improved drastically--- Just as much as they are interested in contributing, this is a matter we should finish within the remaining time so that we can get on with the real business of publishing the Bill. Mr. Temporary Deputy Speaker, Sir, I would like to underscore that this is the route to more democracy, an open society and a more vibrant Parliament. Only a vibrant Parliament that asserts itself will be able to help this country. Mr. Temporary Deputy Speaker, Sir, the question that many people are asking is: \"Why now? Why not wait for the reform process?\" I want to invoke the concurrent principle. We cannot wait. Let us do what we can do. When the other time comes, you know we have always been told 3106 PARLIAMENTARY DEBATE October 29, 2008 \"within 12 months\". But we do not know when these 12 months are beginning and when they are ending. In fact, if we are going to be serious, the National Accord was signed on the 28th February and we started counting the 12 months of the Constitution from 28th February, 2008. Are there any prospects of having a new constitution by 28th February, 2009? So, we cannot wait. In any case, in the Ninth Parliament, we were promised that within 100 days, there would be a new constitution. I do not know who in this country is not alive to the fact that six years down the road, we do not have a new Constitution. So, we cannot wait! I have none other than the authority of my good friend from Imenti, the former Minister for Justice and Constitutional Affairs, Mr. Kiraitu, who quoted the Great William who wrote the laws in the commentaries of England. I wish to quote and I am happy that Mr. Kiraitu is here. I know we were supposed to be with him somewhere else but because this is an issue they had initiated, it is good that it sees the light of the day. Mr. Temporary Deputy Speaker, Sir, Mr. William Blackstone wrote:- \"The power and jurisdiction of Parliament is so trans-developed and so absolute that it cannot be confined within any bounds.Parliament has a sovereign and uncontrollable authority in making, confirming, enlarging, restraining, abrogating, repealing, revising and expounding on the laws\". Mr. Temporary Deputy Speaker, Sir, he concluded that it is within the competence of this Parliament to make these amendments to the Constitution without waiting for the review to be completed. I do not need to dilute that kind of statement from a very scholarly Minister of Government who we all know, Mr. Kiraitu Murungi, quoting from another authority. Mr. Temporary Deputy Speaker, Sir, in amending Sections 58 and 59, we are not re-writing the Constitution. It is not in our interest for now. That can wait for the opportunity. I am trying to say that the great tradition of multi-party era, starting with Parliament itself forming the Parliamentary Service Commission (PSC), with the recognition of the Leader of Official Opposition, we need to complete this process now and not tomorrow. Mr. Temporary Deputy Speaker, Sir, Parliament, as the supreme institution of the land, can only operate when it is fully informed of its programme. I know we are doing this to some extent but as long as these provisions are in the Constitution, who knows somebody somewhere can still exercise them. The founding President of this Republic, Mzee Jomo Kenyatta, never changed the Constitution to make Kenya a single party State. It was there, but single partism was encouraged, allowed and promoted. He, however, never changed the Constitution. When the retired President Moi came to power, they came to this House and changed that overnight. So, there is always a danger. You cannot rely on the goodwill of men holding certain offices and assume that is the law. It is important that we make it explicit so that whoever is coming to use it against our interest, we can be able to use the law itself against such encroachment and deliberate savaging mindsets that have been bent and contribute a lot in the way this Constitution has been amended for a long time. It has been amended in one direction only; to empower the Presidency and weaken Parliament. Mr. Temporary Deputy Speaker, Sir, as I finish, I want the House to remember that you do not wait for another person to lobby for you. You should not wait for the magnaminity of the Government to let go what it is used to be doing. I am glad the Minister concerned is here unlike others who disappear, including the one we had before from the Prime Minister's Office and others. Mr. Temporary Deputy Speaker, Sir, we expect a considered opinion from the relevant Ministry after widely consulting the Government side. But I do not expect this particular Motion to have any disagreement. The spirit that has prevailed in the last two attempts--- I wish, at this juncture, to acknowledge the contribution of hon. Keter who is now an Assistant Minister in the Ministry of Energy. He is an Assistant Minister whom we have confirmed that, in the last one month, as the most effective by giving answers that are very good to this House. I also want to remember hon. Oloo-Aringo. We are walking in the footsteps of great people who have been October 29, 2008 PARLIAMENTARY DEBATES 3107 committed to transforming this Parliament, and to make it what it is. Indeed, when Parliament gets the kind of positive reviews that we got a few weeks ago, it is because of the work of such people. The Tenth Parliament cannot let them down. We want to speak from here that we recognise their efforts and we will pursue this matter to its logical conclusion. With those few remarks, I beg to move. I wish to ask the hon. Member from Yatta, Mr. C. Kilonzo, to second this Motion. He is a man of trust. He is a man who makes very serious contributions to this House. I am sure he would deliver on this one too."
}