•Speaker also says no law expressly requires Parliament to pass contentious two thirds gender rule.
•“The Constitution is neither a Bible nor Quran. Having been made by man, it is due for amendment, including radical changes,” Muturi said.
Image: COURTESY
National Speaker Justin Muturi has taken a swipe at the Senate for taking too long with the contentious revenue sharing formula.
The Speaker said it was unfortunate that the Senate took more than one year before embarking on the report’s business.
“The report from the Commission on Revenue Allocation (CRA) has been at the Senate for more than a year. It is unfortunate it had to wait until we finished the Division of Revenue Bill which has been signed,” he said.
The speaker came close to indicting his counterparts for the cash crisis that has hit the devolved units in the face of the Senate standoff on the formula.
Muturi said: “It is inconceivable. The Constitution did not intend a situation where one level of government is not functioning because of being unfunded.”
Speaking to NTV during an interview aired on Tuesday night, Muturi welcomed the Building Bridges Initiative, saying the Constitution is not cast on stone.
The speaker, in what may signal the goodwill for the President Uhuru Kenyatta and former Prime Minister Raila Odinga-led process, said the BBI is a welcome thing.
He went ahead to suggest that the BBI proponents should consider extending the hours of Parliament sittings to give MPs more time to present issues affecting their people.
“The Constitution is neither a Bible nor Quran. Having been made by man, it is due for amendment, including radical changes,” Muturi said.
Muturi, in his first public remarks about the handshake which is expected to yield a constitutional moment, said it has “done great to allow people to treat each other normally, including ordinary folks.”
“To the extent that ordinary folks would disagree, maim or even kill in the name of who they support, I will be failing in my duty if I don’t support the handshake.”
The speaker, on the looming referendum to change the supreme law, said there was no harm in changing the law.
He said the National Assembly would be keen on the proposals but was quick to note that the process has to be undertaken by both Houses of Parliament.
“Any proposal for a parliamentary initiative must of necessity involve both Houses of parliament.”
For his part, Parliament has - by above 99 per cent - fulfilled its mandate in implementing the Constitution.
Muturi challenged lawyers on the implementation of the two-thirds gender rule saying there is no explicit provision from which Parliament would be indicted.
“The fifth schedule has no reference to two thirds. Article 27 (6) and (8) says the State shall ensure the principal of two thirds is implemented in elective bodies.”
The speaker holds that the Judiciary, Executive, Attorney General are part of the State hence have a responsibility to ensure the law is fulfilled.
“The state is you and me. We are the people who elect people to Parliament. Even if you dissolve Parliament today, how will you ensure the gender rule is met. The sovereign power rests with the people.”
Muturi asked Kenyans to drop the ‘tired thinking’ of expecting Parliament will pass a law to fulfill the rule saying it would only be achievable through the ballot.
“It is easy to achieve this in appointive position. For elective posts, you have to withdraw the power of the people to elect.”
The speaker said the closest Parliament can get is to pass Article 100 which provides that Parliament shall enact a law for representation in Parliament, women, youth, persons with disabilities, marginalized communities, and minorities.
“I have struggled over the last seven years to persuade Kewopa that this is the law we are supposed to enact,” Muturi explained.
On concerns Parliament has failed to checkmate the Executive, Muturi said: “We may differ and at times we may agree. The fact that we agree doesn’t mean we are subservient.”
He hailed the Constitution as having expanded the democratic space “to a large extent.”
“We owe it to ourselves to defend and protect the space created. We can’t degrade the achievement.”