The combined problem of absent senators and
non-attending cabinet secretaries has significantly weakened the Senate’s
oversight role. Question Time, once regarded as a key accountability tool, is
losing impact as delayed responses become irrelevant to evolving issues.
“When they finally appear, often months later, their
responses are stale because events have already overtaken the issues,” a
senator told the Star, expressing frustration.
Sessions are often adjourned before they even begin due
to insufficient numbers or failure by invited witnesses to attend. Cabinet
secretaries, principal secretaries, heads of state corporations and governors
have increasingly skipped appearances, frustrating lawmakers and stalling
oversight work.
“This trend is unacceptable. We summon officials here to
answer to the people, not to play hide and seek with Parliament,” a committee
chairperson said.
However, persistent quorum failures in plenary sittings
have drawn the most criticism. Data shows since February, the Senate has
adjourned at least five sittings due to insufficient numbers or absence of
senators scheduled to move business.
In several instances, the House has proceeded without
Question Time after cabinet secretaries failed to appear. Ironically, chief
whips and their deputies, responsible for mobilising members, have also
occasionally been absent.
“We cannot continue blaming the Executive when we
ourselves are not present to transact business. It is a collective failure,”
another senator admitted.
To strengthen oversight, the Senate recently revised its
Standing Orders to introduce Wednesday morning sittings dedicated to
Ministerial Question Time. However, the reform’s intended gains are yet to be
realised due to the ongoing attendance crisis.
On Wednesday last week, Speaker Amason Kingi directed
orderlies to ring the quorum bell for several minutes in an attempt to secure
the minimum numbers required to transact business. The effort failed, leading
to adjournment.
“Honourable senators, there being no quorum and having
rung the bell pursuant to Standing Order No 40(2), the Senate stands adjourned
until later today,” Kingi ruled.
That day, Labour and Social Protection CS Alfred Mutua
was present and ready to respond, while Mining, Blue Economy and Maritime
Affairs CS Hassan Joho had sent apologies.
The pattern has been consistent. On March 4, proceedings
failed due to a lack of quorum despite the presence of Agriculture CS Mutahi
Kagwe and Youth Affairs, Creative Economy and Sports CS Salim Mvurya.
“It is disheartening to come prepared to answer
questions only to find there is no House to address,” a government official
said.
A similar scenario occurred on February 11. On March 25,
the House was adjourned due to the absence of senators designated to move business, even though three Cabinet Secretaries had been scheduled.
On April 1, the Senate again failed to raise a quorum,
affecting appearances by Trade CS Lee Kinyanjui, Agriculture CS Kagwe and East
African Community CS Beatrice Askul.
Non-attendance by cabinet secretaries has compounded the
crisis. On April 22, Cooperatives CS Wycliffe Oparanya failed to appear in
plenary, while earlier in March, Oparanya and Kinyanjui skipped committee
sessions. Joho also missed a mid-March sitting, while the Education CS was
absent on February 25.
The situation is even more acute in committees, where
detailed scrutiny is undertaken. Meetings are frequently cancelled due to lack
of quorum, while summoned officials often ignore invitations without immediate
consequences.
National Treasury CS John Mbadi has faced repeated
summons by the Finance and Budget Committee and threats of fines of up to
Sh500,000, as well as possible censure, over failure to appear on issues
including the stalled rural electrification programme and delayed pensions.
“We cannot allow public resources and critical
programmes to stall because officials refuse to appear before this House,” a
committee member said.
CS Kinyanjui has also clashed with the Trade
Committee over repeated failure to honour summons since early 2025.
Despite these challenges, the Senate is grappling with a
heavy legislative backlog. Currently, 64 Bills are pending, with 47 at second
reading, 16 at Committee of the Whole, and one awaiting first reading. In
addition, 17 motions and 18 petitions remain unresolved, while 15 petitions
await committee reports, and 503 statements are pending.
“The backlog is growing daily. If this continues, we
risk paralysing the Senate’s legislative function,” a parliamentary insider
warned.
Parliamentary observers say urgent enforcement of
attendance rules and political discipline will be necessary to restore public
confidence and ensure timely scrutiny of government policy and expenditure
across all sectors, going forward, effectively sustained.