HISTORIC TIMELINE
Prior to 1998, with the
exception of the Public Accounts and Public Investments
Committees, oversight committees were dormant and submitted relatively few reports to the House. During the eighth Parliament (1997-2002), departmental committees took a more aggressive role and by the end of 2001, the initiative for policy overview had shifted to
parliamentary committees and this vibrant committee system no doubt boosted the Parliament’s relevance in its role of legislative oversight.
A Parliament independent of the executive
The struggle for parliamentary independence began way back in 1970 when Hon. Jean Marie Seroney introduced a motion for the Kenya National Assembly to be a self-accounting unit independent of the government Ministry which hitherto was under the control of the Office of the President (OP). This motion was passed leading to the creation of a budget vote specifically for the National Assembly. On 9 June 1993, Hon. Martin Shikuku brought a motion for the establishment of a Parliamentary Service Commission (PSC) to manage parliamentary affairs in line with separation of powers. Though the motion was passed, the government did not implement this resolution. Hon. Peter Oloo Aringo followed up on Mr Shikuku’s efforts by introducing a motion on the establishment of a PSC which included the government taking immediate steps including the necessary amendments of the constitution to incorporate the PSC. After passage, on 12 May 1999 he introduced the Constitution of Kenya (Amendment) Bill to amend provisions of sections 45 and 107 to provide for the establishment of the PSC. The Constitution of Kenya (Amendment) Act No. 3 of 1999 which came to effect on 19 November 1999 thus finally led to
the independence of Parliament by creating the PSC.
The Parliamentary Service Act No. 10, 2000, was also enacted to create the Parliamentary Service as a constitutional body independent of the Civil Service. Previously, the National Assembly used to be a Department in the Office of the President which controlled all parliamentary activities, its budget and staffing. The PSC comprises of 10 Backbench Members and is chaired by the Speaker with the Clerk as the Secretary. Its mission is: “To facilitate the Members of Parliament to efficiently and effectively fulfil the constitutional function in a representative system of government by holding and ensuring the autonomous status of the Parliament in its corporate relationship with other arms of the government.”
The Parliamentary Service comprises of the Clerk as the Head and staff under various directorates and departments.
The Speaker’s Office Kenya has had seven Speakers since independence: Sir Humphrey Slade (1963 – 1969) as Speaker of the House of Representatives, Hon. Timothy M. Chokwe (1963–1966) as Speaker of the Senate, Hon. Fred Mati (1970–1987), Hon. Moses Keino (1988–1990), Hon. Prof. Jonathan Ng’eno (1991–1992) and Hon. Francis Kausai Xavier Ole Kaparo (1993–2007). I am the seventh Speaker, having occupied the Chair since 2008. Kenya’s Speaker is the Presiding Officer of the National Assembly and just like my counterparts from other jurisdictions, I have the weighty task of presiding over plenary sessions while granting a fair opportunity for all Members to contribute.
Key reform initiatives in the current Parliament The 10th Parliament has made
The Coat of Arms in the National Assembly.
major reforms whose aim is to improve representation in the country. These reforms included the revision of the Standing Orders and consequent adoption of new ones on 10 December 2008 which created new rules such as:
• Live broadcasting of plenary sessions which has enhanced public outreach;
• Opening up of parliamentary committees to the media and the public;
• Creation of the Prime Minister’s question time every Wednesday afternoon at 3.45 p.m.;
• Scrutiny of financial estimates by departmental committees after tabling by the Minister for Finance;
• Introduction of new committees such as the Implementation Committee and Equal Opportunity Committee, and
• Creation of the budget and legal departments to complement the research department in terms of budget and legal analysis.
The grand coalition
government was formed as a result of the power-sharing agreement between President Mwai Kibaki and Opposition Leader Raila Odinga on 28
February 2008 after the 2007 disputed elections.
It came into full effect in April 2008 after the signing of the National Accord and Reconciliation Act which temporarily established the offices of Prime Minister and two Deputy Prime Ministers. The Act outlines the
management of the coalition government and the functions of the Prime Minister who co- ordinates and supervises government Ministries.
Conclusion
The Parliament of Kenya has undergone great reforms to ensure that democratic principles and values are upheld. This struggle continues.
The 10th Parliament has so far worked well within its mandate.
Nevertheless, the history, failures and successes of Kenya are greatly intertwined with the calibre and profile of successive Parliaments since independence. The 10th Parliament, which is now in its mid-term, may go down in history as the most reformist, especially if a new dawn in Kenya’s governance is realized through the new constitution that the House passed in April 2010 for onward transmission to – and ultimately approval by – the August referendum.
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