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President William Ruto's recent allegations that certain companies allegedly bribe Members of Parliament to influence legislation have once again placed focus on long-standing concerns over integrity in Parliament. These claims not only tarnish Parliament's name in its oversight capacity but also raise bigger questions about its independence.
Kenya's Constitution (2010) envisages Parliament as a stand-alone institution that controls its own budget, calendar, and agenda and one that is protected from abuse by the impartial stewardship of the Speakers of both chambers. However, over the years, political capture has undone this vision. Parties and their party bosses have consolidated power, Speakers have turned into partisan umpires, and Members are increasingly becoming party bosses' or funders' stooges rather than representatives of their electorates.
In his recent statement, the President condemned some of the powerful individuals in the private sector for using some of the unorthodox tactics including bribing MPs and their leadership to see favourable laws sail through the House. He even went ahead to insinuate that amendments are occasionally subtly brought about at the committee stage, reshaping deals already struck between the Executive and the stakeholders. Whether or not these allegations are verified, they highlight a critical issue: if financial incentives can determine the direction of policy, Parliament’s independence and legitimacy are at risk.
The Finance Bill 2024 sealed this issue. Despite widespread objections to the tax proposals, Parliament passed the bill. Only following street protests, and the subsequent withholding of assent by the President, did a few members retract their earlier positions doubting their decision-making.
Parliament is the core institution of accountability and oversight in line with Article 94 of the Kenyan Constitution 2010. Its effectiveness is dependent on maintaining credibility and insensitivity to the Executive and private interests. Auditor-General reports indicate a trend where Parliament instructions are undermined by Executive institutions, further undermining its authority.
The Speaker's function is particularly crucial in this regard. The Constitution, in Chapter Six that addresses Leadership and Integrity, envisions impartial leadership: professional, responsible, and sacrificial. Any perception that the Speaker is pro-Executive undermines this ethic and cuts Parliament's authority to act as an independent check on government short.
When institutional trust within the public is fragile, Parliament must reclaim itself as representative of the people by providing clarity, in the face of external interference, and deepening its oversight function. Citizens also have a responsibility to demand accountability.
Safeguarding Parliament’s independence is the surest way to defend the integrity of Kenya’s democracy.
Categories: parliament Parliamentary independence Legislative Independence
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