• Concept borrows the US House of Representatives model where the committee has powers to expel, censure, reprimand and fine members.
• Speaker says it has been difficult to execute discipline under the current model where members’ excesses are checked by the Powers and Privileges committee.
The National Assembly leadership is mulling creating an ethics committee to tackle bribery, fights and other misconduct among members and staff.
Parliament has been criticised over bribery allegations to cover up criminal elements implicated in the sugar import and Ruaraka land probes.
In the 11th Parliament, the Public Accounts Committee was disbanded after members were accused of abetting corruption in favour of witnesses.
An assault suit by Wajir MP Fatuma Gedi against Wajir East's Rashid Amin is yet to be concluded at the courts.
Parliament has also struggled with how to deal with members who skip committee meetings but earn allowances by registering attendance sheets.
And most recently, many Kenyans have complained that MPs have allowed President Uhuru Kenyatta’s administration to emasculate the House.
Speaker Justin Muturi on Friday started the conversations on what would create a structure for disciplining errant members.
The plan is to create a strong and independent team that will oversee the conduct of MPs and employees attached to their respective offices.
The structure of the committee is yet to be defined but it will likely be run by members.
There are concerns of unethical association between some members and their staff, part of which is blamed on the architecture of the Powers and Privileges committee.
The concept note seen by the Star borrows the US House of Representatives model where the committee has powers to expel, censure, reprimand and fine members.
Denial or limitation of any right, power, privilege or immunity of the member is among options that the National Assembly seeks to apply locally.
In the US, members are checked for compliance with wealth declaration–financial disclosure, accountability for meetings held without business, political alliances, and breach of confidentiality.
The US model also vouches for checks on gifts, honorary titles, campaign financing, hiring relatives, committee allowances and crime.
On gifts, there is a common understanding that most legislators may have violated some the provisions without their knowledge – like keeping goats given as gifts at harambees.
Speaker Muturi said it has been difficult to execute discipline under the current model where members’ excesses are checked by the Powers and Privileges committee.
“It borders on conflict of interest, as it is the same chairperson who presides over the plenary where the committee’s report is the subject of debate,” he said.
He added, “It is not easy for one committee chaired by the speaker to deal with the issues. It is time we asked whether it is tenable for the two speakers to continue chairing the committees and report the same to the plenary. In my view, it compromises the independence of the speaker.”
He asked members of the Privileges Committee to consider amendments to the Privileges Act to provide for another appropriate person to chair.
The team’s core task would be to fully actualise the provisions of the Constitutions’ Article 75 on the conduct of state officers; Article 76 on financial probity of state officers; and article 77 on restriction on activities of state officers.
Muturi spoke during a meeting with Karena Dees and Sheria Clarke of the US House of Representatives' Committee on Ethics in Nairobi at the weekend.
Denis Omondi of the National Democratic Institute (NDI), which commissioned the meeting, asked MPs to appreciate the lessons on integrity for the greater good of Parliament’s image.
“There would be a few uncomfortable moments in this subject of integrity. But this conversation will help increase public confidence in the House,” he said.
He alluded to recent surveys showing that Kenyans’ confidence in the National Assembly has declined compared to how they view the Senate.
National Assembly clerk Michael Sialai said since the Constitution has placed more responsibility on Parliament, there is a need for high ethical requirements for MPs when at work.
“In the emerging trend on issues of ethics, MPs also deal with other people beyond the parliamentary setup, being employees attached to their offices in Parliament or in the constituencies,” the clerk said.
He said issues are emerging on how the relationship between MPs and their own staff affect the business of the House.
“We need to have debates beyond labour issues such as complaints of security and drivers being kept for hours late in the night and at times with no meal plans,” Sialai said.
Edited by R.Wamochie