It is common knowledge that the palpable anger of the people in the streets is an expression of their dissatisfaction with the way the country is governed. The institution worthy of the biggest blame is Parliament, the people’s representative. The demos are an indication of the failure of legislature to adequately champion for the people’s agenda. Kenyans need not to be in streets if their representative had done their jobs well.
The governance architecture in Kenya has placed the legislature at the heart of the public policy decision making. It is the direct representative of the people. As elected leaders, they are the product of the sovereign will of the people. They are entrusted with authority and they owe enormous responsibilities to the people and the nation.
The people are the only reservoirs and donors of the sovereign powers. However, it is only practicably reasonable to donate these powers, through elections, to some few among the people to govern. The parliamentarians are the chosen few that shouldered such responsibilities. Even in this case they are not given the absolute will to make decision out of their whims and interests, they should seek the concurrence of the sovereign.
The constitution elaborates that the National Assembly shall deliberate on matters that are of concern to the people. Key among these are taxation, fiscal responsibility, general financial governance and oversight of other government institutions. They are responsible for approving budgets and appropriating resources. That is why the government cannot collect revenues and spend money without the approval of the legislature through passage of the relevant bills.
Further, Parliament bears the biggest responsibility in prescribing terms of borrowing and levels of public debts. One undoing of Parliament has been their lapses and push to continuously remove the debts ceilings to give way to the government’s insatiable appetite to borrow, the product of which is the biggest debt burden threatening the very existence of Kenya.
The legislature is designed as an independent arm of government and the institution only answerable to the people. So is the solemn oath taken by every member of legislative arm. They should refer to the people through public participation before making any decision. In an ideal situation, each member should consult their constituents before taking any position on a matter of public concern. Unfortunately, this has never being the case.
The waning public confidence and trust in Parliament has been occasioned by their failure to listen and push for public interest. The approval of burdensome laws like the Affordable Housing Act, 2024, which sanctioned the controversial housing levy, the failure to judiciously execute their oversight roles and the capricious manner of undertaking vetting of persons in high offices have exposed the soft underbelly of the people’s representatives.
Further, the legislature has been accused of not fast-tracking laws to strengthen the fight against corruption like Whistleblower Protection Bill, while they openly entertain suggestions to weaken them.
Without firm, reliable, responsive and objective legislature, the people feel exposed and underrepresented. They legislature is now seen as purveyors of the agenda of government of the day rather than vanguards of public interests, hence the public outrage. Public participation, a constitutional principle guiding all legislative exercise, has in real sense become a compliance antic. People feel that their important views are never respected and considered in the final policy documents.
In the eyes of the public, the legislature has collectively failed to adequately champion for the public interest. The people’s chosen representatives have now placed themselves in a strange position courtesy of their values and behaviour. These calls for a very serious soul-searching on the part of the Parliament.
The fall back is always the constitutional ideals with which they swore allegiance to. They should reflect on their oath to faithfully and conscientiously discharge their duties. No one can redeem this tainted image and lose of trust, except themselves. The people are watchful and very informed. The legislature cannot afford to continue business as usual in the wake of the vigilant public.
The writer is a lawyer and a governance Analyst. [email protected]
