What should MPs and senators do when it comes to drafting of Bills?

Many question is inspired by the NGO Mzalendo’s annual scorecard for MPs for 2023, which I have used a good deal here.

As media have reported, some members spoke in their House frequently and others not at all.

The differences were: between 0 and 66 times in the National Assembly (NA) and eight and 167 times in the Senate (of course the chances to speak in the Senate with only 60 members are greater than in the NA with its 349 members).

Comments have been made about how few legislators introduce their own bills –proposals for new laws.

THE CONSTITUTION

The constitution talks of what Parliament does, but not specifically what a member does. What Parliament “does” is of course really done by members. Parliament passes laws (Acts); all go through the NA.

The Senate considers and votes on only bills concerning counties. The NA debates on motions, not immediately connected to Bills ( 68 were adopted in 2023).

Dealing with petitions from people is also important ( 32 were filed in 2023, but only four completely dealt with).

No money can be allocated without parliamentary approval (though occasionally approval may come after the spending).

The NA decides the allocation of national revenue between the levels of government and the Senate fixes the allocation among counties.

The NA appropriates (formally allocates) funds for the national government and state agencies.

The NA exercises oversight over national revenue and spending, and the Senate oversees national revenue allocated to the county governments (as do county assemblies). Oversight includes reviewing national audit reports.

The NA reviews the conduct in Office of the President, the Deputy President and other state officers and starts the process of removing them from office. The Senate actually decides on impeachment proceedings, including for governors.

Parliament oversees national state agencies more widely, often through committees, and sometimes by asking questions of Cabinet Secretaries in the full House (not in the constitution).

Parliament (both Houses are involved) may pass amendments to the Constitution, sometimes subject to a referendum.

They may alter county boundaries. Parliament (usually the NA) must approve certain important appointments.

An Act of Parliament gives the NA the role of approving (or not) treaties signed by Kenya.

WHAT DOES IT ALL INVOLVE?

Not all will do their jobs the same way. Members will have their personal contexts, experiences and abilities that affect how they do it.

Some have knowledge of particular issues. Some are more eloquent that others.

But they do have a core of responsibilities that they must be able to perform even if not always to the same extent.

First is understanding well the people they represent and what their views are. I do not believe that an MP must simply pass on constituents’ views to Parliament, but they must know what those views are and maybe even be honest about the existence of different views.

They must be able to understand documents including draft laws, reports and research. They must have a good understanding of how government works, and of the issues that it confronts, including foreign affairs.

They must try to be good judges of people for their responsibilities in approving important appointments.

They must (especially the Senate in impeachment cases) have a judicial mindset – deciding a legal case fairly.

They must be good at understanding financial documents – and statistics. The must have good English or Kiswahili – preferably both so they understand each other as well as saying what they think Their views are almost always transmitted orally.

This is not a sitting-at-a-desk-and-writing job. They must be able to express themselves clearly in public.

 While they are expected to be loyal party members – in theory risking being dismissed from the party if they are not - in some contexts they are supposed to exercise their own judgment.

Why else are they supposed to approve – or not – the appointment of CSs and other state officers? It can’t be just to convey their master’s voice.

The job is not only in Parliament. They must spend time in their constituencies, getting to know how people live and what their concerns are.

Maybe sometimes they should approach a ministry or other authority asking for help with a particular problem in their constituency, or even of a particular constituent.

They must understand the constitution, and the way they carry out their responsibilities must comply with it: including respecting all the human rights. Above all they must act for the people.

They must not allow their personal interests to conflict with their duties. And they must take their job seriously – not just for its benefits for them.

SPEAKING IN THE HOUSE

Is silence in the House such a bad thing? Many of the most important decisions are not debated in the greatest detail in the full House.

If a person participates well in committees they may be more useful than a much-speaking member in the full House.

SPONSORING BILLS

It might seem that this would be an important role for an MP. So what happened to Private Members’ Bills (PMBs) in 2023-4? I am ignoring bills allocating money, and a couple of miscellaneous amendments bills (always from government).

PMBs now exceed government bills. In the Senate 39 bills were introduced. Only one was a government bill, and four were from Senate committees.

One or more senators sponsored the rest. So members were active in producing bills. Some sponsored more than one.

Some jointly sponsored bills – with another member of their own house or even of the other House. Occasionally, more than one bill of the same name was around at the same time, including on whistle-blowers, on sign language and on wildlife.

WHAT HAPPENED TO THESE BILLS? 

Few bills are passed within one parliamentary year. By about the present time, fifteen 2023 bills had been signed by the President – that is passed.

Twelve were government bills that began in the National Assembly. Two had begun in the Senate - also as government bills. The last one was sponsored by the Majority and the Minority leaders (it was designed to protect the CDF!).

Not one 2023 PMB – nor even one from a committee – passed by late this year. However, earlier this month a PMB introduced by a senator (Cotton Industry Development Bill) was waiting for presidential assent. In 2024 one PMB - from 2022 not 2023 - was passed.

An election year like 2022 would have seen few bills, so some of the newer PMBs may make it. But it is slow. About six PMBs have not reached even introduction into the assembly - the first reading - and about 30 have had only a first reading.

In the Senate all the bills have got beyond that stage, and 13 ( 12 PMBs) have been passed by the Senate and sent to the National Assembly. But inevitably the NA is much busier with government bills than the Senate.

The NA did pass one 2023 PMB and sent it to the Senate. With 409 national legislators the system could not cope if every one had a bill. We need good input to government bills, too.

At present Parliament does not cope well with PSB bills. Suggestions have been made to improve the system to get more passed.

Frequent failure of MPs to turn up even for a reading of their own bills does not help.

I have not mentioned the CDF. I believe that this is currently an unconstitutional - and always an inappropriate - role for legislators who are supposed to oversee administration, not do it.