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"id": 194838,
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"speaker_name": "Mr. Namwamba",
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"legal_name": "Ababu Tawfiq Pius Namwamba",
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"content": "Madam Temporary Deputy Speaker, I beg to move the following Motion:- THAT, appreciating the critical role of the Official Opposition in Kenya's progression as an emergent democracy, and further recognizing the unique circumstances that have beget the Grand Coalition Government and the probability of similar circumstances arising in the future; this House grants leave to introduce a Bill for an Act of Parliament entitled \"The Official Opposition Bill\" to anchor, govern and regulate the Opposition in Parliament. Madam Temporary Deputy Speaker, the objective of this Motion is to open the way for the enactment of what, if passed, would become the very first piece of legislation that would define and clearly provide the essentials of the Opposition in this House. I am well aware that I am moving this Motion in an atmosphere of apprehension, suspicion and even some fears. There is also an atmosphere of uncertainty because what we are seeking is something that has not been attempted before in this House; basically, having a framework that will support a heterogeneous Opposition as opposed to a homogeneous one as we have seen in the past 45 years of our Independence. Madam Temporary Deputy Speaker, I want to tell hon. Members that are harbouring such apprehension that even 200 years go, as the USA grapples with its own challenge of establishing a democracy, Abraham Lincoln told the American people that \"as our challenges are new, so must we think anew.\" I want to challenge hon. Members today, that as we debate this Motion, let us become aware of the new challenges facing us today and be willing to think anew; outside the box. Madam Temporary Deputy Speaker, the significance of the Opposition cannot be gainsaid. Writing on the role of the Opposition in India, Pavasi Amal said the following:- \"It has been claimed by the English that the institution of the Opposition embodies the greatest contribution of the 19th Century to the arts of Parliamentary Government.\" He goes on to say:- \"The Opposition has a very important responsibility and effective role to perform, including subjecting each of the Government departments to the searchlight of public opinion and to offer alternative policies for better ensuring the good of the people.\" This Motion rests on four central imperatives. The first imperative is that of sealing a constitutional and legal lacuna. It is one of the most amazing anomalies of our political system that there is no single piece of legislation in the entire legal framework of this country that defines the Opposition in this House. If you look at the Constitution, you will see that it is silent on the Opposition. The National Assembly Powers and Privileges Act, Cap. 6, Laws of Kenya, is silent. If you look at the National Assembly and Presidential Elections Act, Cap. 7, you will also see that it is silent. The Political Parties Act, that this House enacted last year, is silent on the issue of the Opposition. Even that most celebrated Bomas Draft Constitution was silent on the issue of the May 7, 2008 PARLIAMENTARY DEBATES 887 Opposition. You have to dig and get to the bottom of the legal system and arrive at the introductory section of the Standing Orders to come across the first reference to the Opposition in terms of definition. That definition came into being as a result of a conflict that arose in 1993 between FORD(K) and FORD(A) where the Speaker was required to rule as to who was the legitimate Opposition in the House. It is on the basis of the ruling of the Speaker, on 8th April, 1993 that, that definition sneaked into the introductory part of the Standing Orders. Against this background, I would like to pose a question to hon. Members here: Is it right that an institution as critical to the functioning of this House and to the progression of democracy should continue to operate in this kind of statutory nakedness? I tell hon. Members that it is not right and it is not proper. The Opposition is an institution whose character and significance in the operations of this House require sufficient and comprehensive legislation. Can we really justify why we cannot seize this moment to clothe the Opposition in fine linen of statutory text? I say, yes we can! Madam Temporary Deputy Speaker, as these questions caress the length and breath of the minds of hon. Members here, I want to remind them that even the Westminister Model that we pride ourselves to have grafted onto our own model along has a very clear statutory framework for the Opposition through the 1937 Ministers of Crown Act. If we want to ape the Westminster system, why would we also not ensure that the frameworks we borrow are anchored on legislation? The second imperative is that of fulfilling institutional and procedural customs. It is an established custom of this House that this House cannot operate and function effectively in the absence of a formally recognised Opposition, sitting and operating on the left hand side of the Speaker. The Constitution and the Standing Orders establish custom, practices and usages envisaged in a situation where both the right side and the left hand side of the Speaker is fully anchored and effectively operational. Madam Temporary Deputy Speaker, when you look at Section 45(b), Subsections (d) and (e) of the Constitution, it contemplates that the Leader of the Official Opposition party with the highest number, even if it is one, shall have the automatic right to sit in the Parliamentary Service Commission. The same Section contemplates that at least three Members sitting on the left hand side of the Speaker shall be Members of the Parliamentary Service Commission. That is a Constitutional requirement and it is a Constitutional imperative. You cannot emasculate it and suffocate it. Madam Temporary Deputy Speaker, there is an established custom in this House that the Leader of the Official Opposition shall occupy the head seat on the left hand side of the Speaker. It is an established custom that the Leader of the Official Opposition shall chair the Public Accounts Committee; that leader shall be a point of contact for foreign dignitaries visiting these institutions. That leader shall have institutional back-up, complete with budgetary support. Those are institutional imperatives! You cannot postpone them. You cannot suspend them. You cannot emasculate them! Madam Temporary Deputy Speaker, there is the established practice in this House that the functions and operations of this House shall enjoy a Shadow Cabinet; the services of a Shadow Cabinet that shadow the Government. There is a reason why this House has established customs, practice and usage of a Shadow Cabinet overseeing the operation of the Government. That is an imperative. It is an imperative of custom. It is an imperative of practice. It is an imperative of Parliamentary usages. Madam Temporary Deputy Speaker, in a 2008 Paper published by this House's research service concluded as follows:- \"Preserving and enhancing the role of the Opposition is critical to the democratic legitimacy of our system as a whole. With rare exceptions the Government---\" 888 PARLIAMENTARY DEBATES May 7, 2008 I want this to be marked, underlined and bolded. \"With rare exception Government Backbenchers cannot hold the Cabinet and the Civil Service to account. It is the Opposition which is chiefly responsible for keeping the Government on its toes, and for fearlessly asserting the rights of the Legislature vis-a-vis the Executive. By performing these duties, the Opposition is really doing everyone a great favour\". Madam Temporary Deputy Speaker, those are findings by the Parliamentary Research Service of this House. It is underlining, amplifying and asserting the irrefutable and unimpeachable significance of having an Opposition in this House. Madam Temporary Deputy Speaker, in 1998, there was a workshop that was sponsored by the Commonwealth Secretariat and the Commonwealth Parliamentary Association at Malborough House in London. The theme of the workshop was \"The Role of the Opposition\". The workshop concluded as follows: \"An effective and responsible Official Opposition is essential for the success of parliamentary democracy.\" It continues to say:- \"Parliamentary arrangements must be such as to enable the Official Opposition to hold the Executive to account\". Hon. Members, do we desire to suspend, emasculate and suffocate these traditions and customs, simply because today we are enjoying the blessings of a Grand Coalition Government? Must we fall victims of a temporary arrangement to emasculate institutional imperatives? I say, \"No, we cannot!\""
}