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Columnists20 July 2026 - 05:45

OTIENO: The people's voice should guide every vote in Parliament

Controversial laws are rarely the failure of one office or one individual. They are often the product of collective decisions made by institutions.

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by RICHARD OTIENO
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MPs in session at Parliament Buildings

Every time Parliament passes a controversial Bill, public anger is often directed at the Executive.

While the government naturally bears responsibility for the policies it sponsors, placing all the blame on the Executive ignores a fundamental principle of constitutional democracy. The first institution that must answer to Kenyans is Parliament itself.

MPs are not elected to be extensions of political parties or the Executive. They are elected to represent the sovereign will of the people. The constitution vests sovereign power in citizens, who exercise that power directly or through democratically elected representatives.

Parliament exists because millions of Kenyans cannot physically sit in the National Assembly and Senate to debate laws. MPs therefore become custodians not owners of the people's voice.

This distinction is important because representation is not blind loyalty to party leaders. It is loyalty to the constitution and to the citizens who entrusted leaders with their vote.

Political parties are indispensable to democracy. They provide ideology, organise elections and offer policy alternatives. However, once elected, an MP's highest duty is no longer to the party headquarters but to the Kenyan people.

Party discipline should never become a substitute for independent judgment, especially where legislation directly affects livelihoods, taxation, constitutional rights and public resources.

When Parliament passes laws that citizens overwhelmingly reject, the question should not simply be, "Why did the government introduce the Bill?" It should also be, "Why did elected representatives approve it?"

Parliament is often described as a game of numbers. That description is accurate, but incomplete. Numbers determine outcomes, yet persuasion determines numbers. Every Bill is debated, amended, negotiated and voted upon.

Legislators have the responsibility to convince colleagues, build coalitions and challenge provisions they believe undermine public interest. Democracy was never intended to produce silent followers. It was designed to produce leaders capable of reasoned disagreement.

An MP who genuinely believes a proposal harms the electorate has both the constitutional authority and moral obligation to oppose it, regardless of political pressure.

Equally, if a proposal benefits citizens, leaders should support it irrespective of which party introduced it. Good legislation should not be judged by its political sponsor but by its impact on the people.

Leadership is therefore measured less by loyalty than by integrity.

Integrity demands that public office be exercised honestly, transparently and consistently with constitutional values.

Accountability requires leaders to explain not only how they voted but why. Public service means recognising that political power is temporary, while the consequences of legislation may endure for generations.

This responsibility extends beyond the passage of laws. Parliament serves as a constitutional check on the Executive, ensuring government actions remain lawful, transparent and accountable.

Likewise, it must respect the independence of the Judiciary, whose role is to interpret the law and safeguard constitutional rights. None of the three arms of government should dominate the others. Their relationship is one of balance, not supremacy.

When Parliament abandons rigorous oversight or when institutions fail to respect their constitutional boundaries, democracy weakens.

The separation of powers exists precisely to prevent the concentration of authority and to protect citizens from arbitrary governance.

MPs also have a duty to strengthen devolution by ensuring that resources and opportunities reach counties fairly and efficiently.

Effective representation is measured not only by speeches in Parliament but by whether legislation improves healthcare, education, infrastructure, agriculture, employment and the daily lives of ordinary citizens.

Ultimately, democracy is sustained not by institutions alone but by the character of those entrusted to lead them.

Before seeking elective office, every aspiring leader should honestly answer one question: Whose interests will I serve? If the answer is personal ambition, party loyalty or political survival ahead of the public good, then leadership becomes an exercise in power rather than service.

The legitimacy of elected leaders does not arise merely from winning elections. Elections confer legal authority, but legitimacy is sustained through faithful representation, constitutional obedience and public trust.

A leader may secure the majority of votes today, yet lose moral authority tomorrow if those votes are treated as a licence to ignore the people.

Citizens also bear responsibility. Democracy does not end at the ballot box. Voters must scrutinise manifestos, monitor parliamentary attendance, examine voting records and demand accountability between elections rather than only during campaigns.

Elections should reward performance, integrity and service not ethnicity, political patronage or short-term promises.

The health of Kenya's democracy will not be determined solely by who occupies State House, Parliament or the courts. It will be determined by whether every institution remembers that sovereign power belongs to the people.

Controversial laws are rarely the failure of one office or one individual. They are often the product of collective decisions made by institutions that either fulfilled or neglected their constitutional responsibilities.

If Parliament faithfully represents the people, the Executive governs within constitutional limits, the Judiciary remains independent, and citizens remain vigilant because democracy works as it was intended to.

The writer works for Radio Africa Group

 

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