Parliament: How Valuable is an Active Back Bench!?

Kenyan Parliament in session - Courtesy of the Daily Nation.

Brushing through American politics I get amazed at the level of scrutiny with which both houses analyze actions by government. From the contraceptives debate, to the state vs. religion debate to the economy debate, I get amazed at the level of preparedness with which a congressman lashed out at the US Treasury Secretary for “the government’s lying to the American people” by claiming to fund projects that are in his opinion economically not viable considering the amount of debt the US already owes, going as far as comparing the US with “worse of European states like Greece.”

Well before jumping on my neck and dismissing me for my outright ignorantia, yes I am fully aware that this is an election year, yes I am aware that the Congressman was a Republican, yes I am aware that the Bush administration made far more policy blunders than Obama may ever make, yes I do know that the grilling had a lot of political rhetoric and undertone, and yes I am aware that the Obama administration is fully capable of justifying cuts, taxes, spending and borrowing. However, hand it to them they – as an opposition – are doing a good job putting government to task and ‘on toes’ in clearly spelling out to the populace and the electorate what they are doing about the convalescent US and a world economy on its crutches barely struggling to walk. A government and indeed an incumbent President/ head of state/ ruling party anywhere in the world, seeking reelection, will always be tempted to portraying a brilliant track record, without blemish to guarantee political survival. It is therefore incumbent on an informed opposition [of course in a democracy- or a semblance of it], to ensure for whatever reasons, selfish or otherwise, that the populace and more importantly the electorate is informed about the true state of governance especially in the period leading up to a general election.

I look at the news this week, the resumption of the parliament, the back bench MPs comically chiding the Government of pushing them into bending house rules so as to rush bills through the house and come up with crucial pieces of legislation and hence beat some constitutionally set implementation deadlines. Hand it to them, the back benchers though not sounding very genuine – Isaac Ruto et al – are doing what they essentially ought to do. There have been serious complaints about the quality of legislation being passed into law by a 10^th Parliament whose life has always been led in haste! It has emerged that the MPs are planning to seriously mutilate the proposed Devolution and Land Bills with the main aim of self preservation. The Kenya Law Reform Commission has silently expressed its reservations about the MPs having a final word on the laws especially those on boundaries review which have already elicited debate from various quarters – some even violent. However the reality is that Parliament has exclusive power to legislate and the 10^th parliament significantly empowered by the Constitution, 2010 will do anything to flex its muscles at ensuring this power is zealously guarded.

Well we respect Parliament and given the immense pressure it has been through, it deserves some commendation for the some of the legislation it has passed in order to keep within the deadlines. However, what is expected of a parliament especially during an election year?  Of course depending on when elections are likely to be held. The current parliament has been faced by a host of issues most importantly the Post election violence and the resultant Hague process, the lack of a real opposition, and constitutional implementation.

As the year progresses, the government will be keen to be seen as being interested and actively involved in matters of development. Top on the agenda, as played out in parliament this week will be constitutional implementation which has greatly lagged behind. An active opposition – or in this case back bench, ought to ensure that the important Bills are properly brought before the house, are subjected to a healthy debate on the floor of the house and thoroughly scrutinized at the committee stage before being passed. Healthy in the sense that the scrutiny, for whatever reasons, selfish or otherwise, should be aimed at ensuring that the populace and specifically the electorate are made aware and are cushioned against the effects of bad legislation.

Second are the ongoing, as well as proposed projects, to mention just one, the first phase of the Multi Billion shilling Lamu project set to be completed in four years. The Prime Minister has already spoken of how keen the government is to bring this project to fruition and has indeed not shied away from making it a campaign agenda. An active back bench ought to properly scrutinize the viability of the project. Kenya has been in debt and still remains deep in debt in financing developmental projects. How much more in debt is the country likely to get into as a result of this ambitions project? What are the implications to the Kenyans living in and around the proposed site as well as the land proposed for the railway construction set to link the new port with Ethiopia and South Sudan? The coastal area is still grappling with land related historical injustices. Is this project likely to exacerbate the issue even as the National Land Commission hopes to take shape following enactment of the crucial land bills? Another would be the Konza ICT park project.

Third is the ongoing Kenyan intervention in Somalia. We appreciate the need to be discreet when dealing with sensitive matters of national security. However, even as the KDF struggles with sufficiently articulating its military objectives, it is very important for an active back bench to put government to task on the costs of the war against the ragtag Al-Shabaab in the interim. The next government has to be fully aware of the liabilities inherited from this government’s involvement in the intervention. 

Indeed, as the 10^th Parliament gets down to work after the long break, we hope that it will put aside all issues that have in the recent past gravely clogged the process of legislation and perform the important role specially conferred upon it. This parliament ought to be alive to the special privilege it has in this historical period and act accordingly – Kenyans are vigilant, now more than ever and certainly expect no less.