‘Election fever’ keeps MPs away from House sittings

Mvita MP Abdulswamad Shariff, Fafi MP Barre Shill and Bahati MP Kimani Ngunjuri outside the chambers before attending a Parliamentary session yesterday
Mvita MP Abdulswamad Shariff, Fafi MP Barre Shill and Bahati MP Kimani Ngunjuri outside the chambers before attending a Parliamentary session yesterday

Legislators' early vote-hunting spree has begun to cripple House activities, especially the passing of crucial Bills and adopting committee reports.

Important House and committee sessions have been adjourned several times for lack of quorum as most MPs are camping at the grassroots campaigning.

Parliament's five-year term lapses in May upon dissolution for the August 8 general election.

Last week the National Assembly resumed from its 15-day recess but could not raise a quorum of 233 legislators out of the 349 to vote on a constitutional amendment Bill seeking to realise the long awaited two-thirds gender rule.

The House is expected to vote on the Bill today to proceed to its Third Reading. It originates from the Justice and Legal Affairs Committee chaired by Ainabkoi MP Samuel Chepkonga.

The bill proposes progressive women representation in the National Assembly and Senate, unlike a similar draft that was defeated twice late last year and early this year.

Both Houses have begun to witness quorum hitches. At least 20 senators and more than 40 National Assembly members have expressed interest in running for governors.

For instance, Nairobi Senator Mike Mbuvi, Dagoretti South MP Dennis Waweru and MP Johnson Sakaja (nominated) are among eight rivals challenging Nairobi Governor Evans Kidero.

Murang'a Governor Mwangi Wairia will battle it out with Senator Kembi Gitura and Kigumo MP Jamleck Kamau.

Nominated legislator Isaac Mwaura is wooing voters to vote out Ruiru MP Esther Gathogo.

The vote-hunting legislators are capitalising on the constitutional provision allowing them to skip a certain number House sittings without being punished.

Article 103(b) of the Constitution states that an MP's seat becomes vacant, "if during any session of Parliament, the member is absent from eight sittings of the relevant House without permission, in writing, from the Speaker, and is unable to offer a satisfactory explanation for the absence to the relevant committee."

National Assembly majority leader Aden Duale said

the House has prioritised serious business, including the 2017-18 budget and approving the appointment of new IEBC commissioners, during this session.

The session runs up to December 1 then MPs break for a long recess until February 6, according to the House calendar.

The Independent Electoral and Boundaries Commission selection panel chaired by former PS Bernadette Musundi selected five applicants for interviews out of 13 for the position IEBC chairperson to replace Isaack Hassan.

They include

Margaret Shava, lawyer John Mutakha, Roseline Odede, David Mereka and David Malakwen, to be interviewed from end of this month. The panel has selected 36 candidates for six commissioners positions from 765 applications.

"Lack of quorum is very normal when the House is in its last year to the general election. Every year when elections are around the corner there is always lethargy, people are busier campaigning, putting their constituencies and house in order," Duale said.

Ordinarily, the two-month campaigns for various elective seats are supposed to kick off after Parliament dissolves as provided in law.

"In fact we will have serious quorum hitch as we come back in February. The House will be hit hard...That

is why I have prioritised all serious business of government to be done between now and end of February," Duale said.

He pointed out that the new law barring aspirants from party hopping after losing in nominations and the public and private officers' impending resignation for elective seats have pushed MPs into early campaigns.

"The elections are barely nine months. People are about to resign from government and public sector to present their candidature before communities, clans and voters. The competition is now real. National Assembly members, senators and governors are going back in constituencies and counties," Duale said.

Political aspirants popularising their candidature in various seats through billboards in disguise of supporting the newly launched Jubilee Party has also forced MPs to camp in their areas.

The IEBC admitted that there is a loophole in law to bar the erection of such billboards before the campaigns period. Outgoing IEBC vice chairperson Lilian Mahiri-Zaja earlier said the commission was working on a law barring early campaigns.

Lack of quorum will not only impede passing of key bills, motions and reports, but also the 2017-18 budget-making process whose Budget Policy Statement will be presented in the House this week.

Kenyans will have next year's soaring budget by April away from the June tradition because the unfamiliar August poll date interferes with the budget-making process.

National Assembly Speaker Justin Muturi also expressed a concern on lack of quorum. He reminded MPs that taxpayers have given them a key law-making duty.

"Neither the Constitution nor the House Standing Orders gives the Speaker any administrative powers to punish members in such matters. We just appeal to members to do their job as required by the law," he told Star from Australia where he is attending a conference.

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