Immediate former National Assembly Speaker Justin Muturi has asked MPs to consider changing the law to detach CDF from the national revenue share.
He also asked the incoming team to amend Standing Orders to pave the way for the appearance of Cabinet Secretaries in Parliament to answer questions from members.
Muturi, whose term as speaker ended officially Thursday with the convocation of the first sitting, said he was confident he steered Parliament to greater heights.
He listed the implementation of the Constitution as outlined in the Fifth Schedule as among his top achievements.
On his next move, Muturi said he would prefer a post in the Executive, having served in the other two arms of government.
“I put in many years in the Judiciary, 10 years as MP and another 10 years as Speaker. I have not been to the Executive,” the speaker said, adding that he was confident his successor would deliver.
Muturi, a key cog in Kenya Kwanza, said having contributed to the incoming government’s manifesto, he was confident it will be implemented fully.
“My next move will be in a situation where I will participate in the implementation of the many promises we have made to Kenyans,” he said.
Muturi said he is leaving with his head high on the conviction he has helped improve facilities for MPs.
He said despite beginning on a wrong footing, he was elated that the new Parliament office block – which is one of his flagship projects, is complete.
He said the building is ready for occupancy after it is fitted with the requisite furniture. “Initially, the provision was for about 11 committee rooms, we increased the number to 26.”
Muturi asked the incoming Parliamentary Service Commission to consider his earlier proposal that MPs be sufficiently resourced – with research and legal advisers.
He added that the work dictated by the 2010 Constitution, which formed most of what his team inherited from the 11th Parliament, is complete.
“We have passed all the laws that were required of Parliament in the fifth schedule of the Constitution,” Muturi said, adding that the two-thirds gender rule did not require any legislation as misconstrued.
“I can say we had enacted virtually all laws required in the fifth schedule. Two-thirds do not provide for enactments of any law.”
MPs for more than five times failed to pass laws to entrench the two-thirds gender requirement, events which the House leadership was blamed.
On CDF, Muturi said in a media briefing that it must not be lost that the kitty has done wonders in the country. “Much as there were some few issues, a lot of work has been done.”
However, he said that the judgment made by the Supreme Court to the effect that the CDF Act, 2013 is illegal is binding to any other existing law.
“When you look at the depth of the judgment, that decision would bind any other law. Let's look at the law,” Muturi added.
He said since the gist of the matter rests on the principle of separation of powers, the amendment can help guide how the funds would be managed.
“It is possible for CDF to exist without the active involvement of members. Remove the 2.5 per cent from shareable so it is part of what will go to the national government. Not so much in limbo.”
On the Cabinet members appearing before MPs, Muturi said it was his initial idea when he took the seat in 2014 but the same was resisted.
“It was fought by some people who didn't agree it was important for Cabinet secretaries to appear before plenary,” he said.
Muturi said there is sufficient authority for MPs to summon Cabinet secretaries to appear before the plenary, adding he was happy that those who resisted are the ones pushing for it.
Presently, ministers pass their responses to questions by members to the chairperson of the respective departmental committees in a system hailed as ineffective.
Muturi said MPs simply need to put Article 125 of the Constitution into practice, which has already spelt that Parliament has the power to summon.
“The law says either House or committee. The question has been how will the House summon yet it sits in plenary but it is clear there is sufficient authority.”
He said since his idea of forming a general oversight committee was also fought, MPs simply needed to amend the Standing Orders to allow Cabinet secretaries in the House.
The issue has been such persons are strangers in the House, but Muturi said it beats logic why the same rule doesn’t apply to clerks who sit in the chamber during sittings.
“It is a very simple thing. Just tinker with Standing Orders 253 for admission of ‘strangers’. The clerks and other officials come and are not considered strangers,” Muturi said.
The speaker spoke of his relationship with Uhuru, saying despite their long-term association, nothing stopped him from taking political sides with President-elect William Ruto.
“We are friends. I don't consider anything worrying me over my political opinion. I may disagree with him politically but that's not enmity,” Muturi said.
He said his successor should consider completing the Centre for Parliamentary Studies (CPST) to help members and staff with their training needs.
“The desire is to have an institute peculiar to parliamentary work. I have been encouraging members to use researchers and our training centre,” he said.
Muturi also urged his successor to be considerate when dealing with members, especially those who express different opinions in extreme ways – protests.
“There are always differences of opinions. It is not a serious issue. No speaker should expel a member for 28 days.”
Edited by A.N
“WATCH: The latest videos from the Star”