A Publication of Parliament of Volume 5, Issue 1 April 2013 TheThe NewNew DawnDawn Kenyatta International Conference Centre (KICC), the temporary home of Senate 2 KENYA PARLIAMENT Magazine - April 2013 Content

The 10th Parliament A Reflection 7 12 28 of its journey and Uniqueness Assisting Transition

The Coalition 10 Adoption of Vision Government 2030 Session 40 Gave us Session Paper a Hard The Role of Parliamentary a step in the Time as a right direction Diplomacy in Foreign 24 Parliament Policy

NEW LOOK PARLIAMENT: A Historical Analysis 16 Women Parliamentarians of in the Ministry of Foreign Affairs Moving Legislation in the 42 Kenyan Parliament 10th Parliament

Women Make a Mark in Parliament as the 45 26 numbers increase

...From a Budget 22 Members of 10th Approving Parliament 48 to a Budget Serving Members at the Making Conclusion of the 10th Parliament

The Hansard Towards Engendering Kenya’s 38 Leadership and Governance Oldest Record of the 36 Systems; House Bound to Change Role of Women Representatives:

KENYA PARLIAMENT Magazine - April 2013 3 Editorial

Editor-in-Chief Jeremiah Nyegenye Message from Clerk of Senate

Editorial Advisor Clement Nyandiere It is my expectation that Editorial Team Leader henceforth, the KPM Japhet Muthomi will expand its horizons and give due cognisance Editorial Secretary to emerging debates Ann Musandu and activities from our

Editorial Team Members nascent Senate Njenga Njuguna Esther Kamau Fanuel Aradi protect the interests of the and David Mugonyi their government; Leonard Nyapere • To participate in law-making function of Peter Adika Parliament by considering, debating and Susan Odhiambo approving bills concerning counties; Gladys Ndeda Jeremiah Nyegenye • To determine the allocation of revenue Peter Nabulindo among counties; as provided in Art.217 and exercise oversight over national revenue he Kenya Parliament Magazine (KPM) Contributors allocated to the governments; has been an important outreach tool Mugo Kibati • To participate in the oversight of state in helping our unicameral Parliament T officers by considering and determining to communicate, inform and inter-phase Staff Contributors any resolution to remove the President or with the public on various Parliamentary Meshack Ogoma Deputy President from office. Omweba Shadrack Makokha matters since its inception. Stephen Njenga Ruge Kenyans have high expectations on the With the arrival of a bicameral Parliament i.e. Anne Gathigia Mbataru delivery of the current Senate which calls the and Senate; with a Serah Kioko for Senators and its Secretariat to work hard James Ginono total membership of 418 drawn from diverse and smart to rise to the occasion and ensure Salad Malicha Guyo categories of the population and regions they perform their constitutional mandate Martin Masinde in Kenya, the demand for knowledge and effectively. To achieve this goal, commitment information will increase significantly. to duty, team work and professionalism on Photography the part of the staff; and robust, objective, After the 2013 March 4 General elections, Kenya National Assembly files constructive and value-adding deliberations Peter Iraya specific aspects of the new bicameral and engagement of Senators in House Japhet Muthomi structure have been established and the debates and Committee work will be Josiah Kagika two Houses are up, operational and geared imperative. In addition, prioritizing matters of Eliud Muchugia towards the roll-out of devolved governments. national interest and import for the overall With the inauguration of the 11th Parliament development of our country will be essential. Design, Layout & Printing and the rebirth of the Senate on 28th March, Eliud Muchugia 2013, Kenya as a country was reborn in terms It is my expectation that henceforth, the Morven Kester (E.A.) Ltd. of the new devolved governance and the KPM will expand its horizons and give entire Eastern African region and the world due cognisance to emerging debates and will be keenly watching us. Publisher activities from our nascent Senate to enable Kenya National Assembly Kenyans understand its better the role and The of Kenya, 2010 provides in © copyright Kenya National mandate especially in as far as safeguarding Assembly Chapter 8, Art. 96 on the Legislature, the core the interests of the counties and ensuring roles and mandates of the Senate include:- that the long-cherished dream of devolution • To represent the counties and serve to succeeds.

4 KENYA PARLIAMENT Magazine - April 2013 Message from Clerk of National Assembly

As we usher in the Eleventh Parliament, we are excited about the prospects of a bicameral legislature for Kenya

he journey that began in January 2008 and took us through many twists and Tturns, challenges and victories, has Justin Bundi drawn to an end. In the Legislature, this is a time to celebrate the achievements of the Tenth Parliament and gear up to begin another voyage that will take us through the public. Never before had the Legislature uncharted terrain but which we are well been opened to such public scrutiny initiated ready to travel. by itself. This initiative has served to greatly demystify the operations of Parliament. Indeed, The achievements of the Tenth Parliament the establishment of the Kenya Parliament were particularly momentous. Parliament Magazine was a key component in this regard. played its focal role in ensuring that Kenyans finally got the previously illusive Constitution Therefore, it is in commemorating the life through a process that though protracted, is of the Tenth Parliament that this issue of worth its honoured place in Kenya’s history. the Magazine highlights various milestones achieved during this time. We are grateful The intricate process of implementing the for the support we have received from you by enacting various including the invaluable feedback that has not mandatory statutes was successful owing to only helped us keep up but has also helped us Members of Parliament who heeded the call improve the publication. of public duty with commitment to ensure that they satisfactorily carried out their As we usher in the Eleventh Parliament, we constitutional role. are excited about the prospects of a bicameral legislature for Kenya. We will continue to share As an institution, while Parliament continued with you important news about the operations to assert its authority as a sovereign arm of of your Parliament. Government, it also undertook to open its doors in an unprecedented manner. For the Enjoy reading. first time, Parliament inaugurated the live broadcast of house proceedings and also opened up the sittings of its Committees to

KENYA PARLIAMENT Magazine - April 2013 5 Some of Our Past Issues

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A Publication of The Keny a National Assembly Volume 3, Issue WE HAVE OUR OWN 2, Dec 2011

April 2011 Kenya Parliament Magazine KENYA

the PARLIAMENTA publication of ssembly Kenya National A Vol. 4 Issue 1 May 2011 Parliament NAVIGATING THROUGH THE Speakers’ rulings- are ACTIVE CITIZENS PARTICIPATION IS they challengeable? STORM: The budget process in IT'S BY-ELECTION GALORE IN THE THE NEW FRONTIER IN PUBLIC the 2010 Constitution 10TH PARLIAMENT POLICY - MAKING Demystifying the 2013 Budget Day KENYA PARLIAMENT Magazine AND BEYOND

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The Editorial Team welcomes feedback, articles on topical issues of not more than 1000words. Your write up should carry your name and location not necessarily for publication but sign of good faith. Where photos are available, these are welcome too.

The Editor reserves the right to edit articles / letters submitted for clarity, space and legal considerations. Send your submissions to: email: [email protected] or Clerk of Kenya National Assembly P.O. Box. 41842-00100 GPO , Tel: +254 20 2848000 / 2221291, Fax: +254 20 2243694

6 KENYA PARLIAMENT Magazine - April 2013 The th arliament 10P2008 - 2012 A Reflection of its journey and Uniqueness By Peter Adika and Stephen Njenga Ruge

Introduction n the exercise of powers under the old Constitution, the President dissolved the 9th Parliament on IOctober, 22nd, 2007 to pave way for the General Election that was held on December 27th.

The electioneering period and the actual day of voting proceeded peacefully. There were nine presidential candidates, 2548 parliamentary candidates (contesting for 210 single member constituency seats) and 15,332 civic candidates (contesting for 2486 local council seats).

108 political parties sponsored candidates for the most competitive since independence. The main parties were the Orange Democratic Movement (ODM), whose candidate for the presidential election was Hon and the Party of National Unity (PNU) whose candidate was the incumbent, Hon and the Orange Democratic Movement-Kenya which sponsored Hon. .

Results of the election started trickling in on 28th December, and by the end of the day, one of the incumbent’s main challengers, going by opinion polls, Hon. Odinga had opened a wide margin in the tallied votes. The ODM had also garnered a substantial number of parliamentary seats in areas that had filed their returns. In the meantime, beginning 29th December and reaching a crescendo on 30th December, the country

KENYA PARLIAMENT Magazine - April 2013 7 became restless and anxious to know in favor of the President. The death pattern but after the first ballot where the result of the election and especially toll from the violence was estimated Hon. Farah Maalim obtained 110 votes the presidential election, which would, at 1,133 people while the cost of and Hon. Imanyara secured 94 votes, if it favored a candidate other than the the violence to the economy and the latter withdrew from subsequent incumbent, usher in the fourth president the damaged property ran into ballot and hence the candidate with the of the Republic. billions of shillings besides displacing highest number of votes was declared an estimated 600,000 people. elected deputy Speaker. Incidents of violence were reported in a In exercise of powers conferred number of areas across the country and by the constitution, the President The seating which began at 2.30 pm claims of vote fraud, particularly in areas summoned the first sitting of the 10th on Tuesday, January 15th, 2008 ended that were yet to submit their results, Parliament on Tuesday, January, 15th on Wednesday, 16th January at 1.20 a.m. became prevalent. The resultant tension 2008 at 2.30pm. Pursuant to the setting a record of sorts at the time brought the country to a standstill. Standing Orders, the first business after some MPs attempted to ask the of a new House is the election of speaker to stop the swearing in of the On 30th December, the ECK and its Speaker. President. chair, Mr. Samuel Kivuitu congregated at the ECK media centre located at Five candidates returned nomination Salient Features of the 10th the Kenyatta International Conference papers for election. The two main Parliament Centre, Nairobi to announce the final parties namely, ODM and PNU tally of the presidential election but was sponsored Hon. Death of Members before state forced to suspend the announcement and the incumbent, Hon. Francis ole opening when agents of candidates who disputed Kaparo, respectively. For a person to Two members representing Embakasi- the results of some constituencies, be elected Speaker then, a candidate Mugabe Were and Ainamoi-Langat who disrupted the exercise. needed the support of two-thirds had been sworn-in were fatally gunned of all members of the Assembly down soon after. Other members-five in The ECK went ahead to announce the (222)-210 elected members and 12 number-later died due to various causes final results in a separate venue within nominated members. including a helicopter crash during the the KICC. The vote tally released by the term of the Parliament. ECK for the top three candidates was During the first ballot, Hon. Marende as follows: Hon. Kibaki- 4,584,721; Hon. obtained 104 votes; Hon. Kaparo had Women Representation Odinga- 4,352,393; Hon. Musyoka- 99 votes while others obtained 4 As the President noted during the state opening of Parliament on 6th March, 2008, the number of lady MPs increased to twenty-one, (15 elected The new dispensation and 6 nominated) a level not attained before. Notwithstanding that they accounted for a mere 9 per cent of dramatically changed the the membership, it was marked as a architecture of governance in milestone in gender representation Political Parties in the House The General election of 2007 was the country and impacted on acclaimed to be the most fiercely contested since independence. It the way parliament operated culminated into another accolade where 23 political parties were represented in the House.

879,905. The chair of the Commission votes. A further ballot was taken with Constitutional overhaul later presented the certificate of the following results. Hon. Marende- The 10th Parliament was inaugurated at election to the President who was 104, Hon. Kaparo- 102 and others the height of an unprecedented national sworn-in shortly thereafter to serve as 1 vote. The third and final ballot crisis. Many theories and factors President for a final term of five years. resulted in Marende obtaining 105 were advanced on the causes of the votes and Kaparo, 101 votes with 1 widespread violence and destruction The declaration of the incumbent as spoilt vote. The Clerk declared Hon. witnessed in the country in December the winner and subsequent swearing- Marende duly elected Speaker by 2007 and January 2008. in triggered scenes of violence majority votes. characterized by killings and extensive Following the crisis, the House was destruction of property on allegations The election of Deputy Speaker called upon to enact legislation relating that the election had been manipulated was expected to follow a similar

8 KENYA PARLIAMENT Magazine - April 2013 to the resultant coalition government on Implementation which was abolished of the Constitution Act, 2010, the and to give effect and implement in 1980 and made provision for address Constitution of Kenya (amendment) the agreement on the principles of to the House by visiting Heads of Act 2008 (that disbanded the then partnership of the coalition government. State and other dignitaries, provided Electoral Commission of Kenya and Of significance were critical issues broadcasting regulations and also created an interim constitutional court) identified to address the crisis, simplified the petitioning procedure. as well as several resolutions to approve reconcile communities and mitigate nomination of persons to public offices against future conflicts. These included Refurbished Chamber (largely in exercise of powers given by the Constitution of Kenya Review Act Part of the reforms undertaken during the new Constitution). which created the legal framework the 10th Parliament was the refurbishing for the review of the Constitution. of the debating chamber. The chamber However, there were instances The process enabled the creation of which was initially used by the House when decisions made by the House the Committee of Experts reworked of Representatives was constructed culminated into a public uproar, and the draft Constitution of 2005. The between 1964 and 1965 through the draft was presented to the people in a Harambee (fundraising) spirit. It later referendum on August 4th and eventual became the chamber of the National The new promulgation on August 27th, 2010 Assembly with the merger of the Senate ushering in a new constitutional order. and the House of Representatives in 1966. The refurbished chamber came dispensation The new dispensation dramatically with certain technological features changed the architecture of governance including digital congress system, dramatically in the country and impacted on the way electronic voting as well as in-built radio parliament operated. For instance, it and television broadcasting studios changed the provided a schedule of legislations that and can accommodate 350 members had to be enacted to implement the seated. Of significance is the fact that constitution together with timelines. the seats were fabricated and fitted architecture of As a result, many Bills were presented by Prison Industries affirming the faith and to meet the deadlines, the House of locally made goods. It was officially governance in extended its sittings on several opened by H.E the President on August occasions. Consequently, relatively 7th, 2012. the country and more Bills were considered and passed as follows: - 2008- 17, 2009- 9, 2010- Conclusion 13, 2011- 39, and 2012- 45. This period The 10 Parliament was inaugurated impacted on the witnessed a dramatic increase in the at the height of grave political and number of Bills sponsored by back constitutional crisis that threatened way parliament benchers as indicated above in bold. the very existence of Kenya as a state. Commentaries have been written operated Live broadcasting appraising the performance of the Following his election, the new Speaker Parliament and the court of public opinion is still out. The scorecard the passage of the Finance Bill 2012 in the acceptance speech submitting th himself to the will of the House will, without doubt, make interesting on 4 October, 2012 is a case in point, undertook to take Parliament to the reading. Nevertheless, looking at where which raises pertinent questions on the people, no matter the cost. The Speaker the country began at inauguration of relationship between Parliament and also committed himself to progressive Parliament on 15th January, 2008 and the public, whether they are friends or reform to, among other things; amend where it stands now, one may justifiably foes. The scorecard I alluded to earlier the Standing Orders so as to be in step contend that owing to some of the will shed light on what the public thinks with and consonance with other modern reforms undertaken over the last five about this relationship. The sunset days parliamentary jurisdictions. In particular, years, the public is better informed on of the current Parliament is and rightly he promised to embrace and entrench the work of Parliament and its role in so, a period of reflection, on what live coverage of the proceedings governance, which is, to say the least, a it did well, where it didn’t and why. of the House. In furtherance of this welcome development. The House made The interactions between Parliament assurance, live coverage of proceedings major decisions through enactment and the public over the last five years commenced in 2008 on both radio and of laws or adoption of resolutions should serve as the basis upon which television which was hitherto restricted that have fundamental impact on measures are taken to align and realign to selected functions e.g. swearing in constitutional and political direction parliamentary operations and policies ceremony of members, state opening that the country is taking. For instance, to the needs and aspirations of the of a new session and presentation of the National Accord and Reconciliation people of Kenya, because at the end of the budget. The Standing Orders were Act, 2008, the Independent Electoral the day, addressing the concerns of and amended in December, 2008 which and Boundaries Commission Act, the advancing the interests of the people is inter alia introduced Prime Minister’s Commission on the Implementation Parliament’s sine qua non. question time, reintroduced Committee

KENYA PARLIAMENT Magazine - April 2013 9 The Coalition Government Gave us a Hard Time

Hon. Kenneth Marende EGH, ACIArb, as a Parliament the Sixth Speaker By David Mugonyi

“I felt like I was being pushed to the end of my the names had already been forwarded to the National Assembly, the Speaker tether, that pressure was being brought to bear ruled that the nominations were upon me that really shouldn’t be my baby…" unconstitutional. But he was not a happy man as he felt that the matter that would have been resolved by the Executive was s the 10th Parliament exits, its that were meant to be resolved by the now left to him. Speaker Kenneth Marende says Executive. He was sucked into nearly all Ahis life would have been a lot disputes of the coalition Government “I felt like I was being pushed to the end easier if the coalition Government as parliamentary Committees gave little of my tether, that pressure was being resolved its disputes at the executive. help in resolving issues. brought to bear upon me that really shouldn’t be my baby…and that is one of Mr Marende says disputes in the Mr Marende had to agonise over some those that I felt shouldn’t have been left management of coalition affairs really rulings, which largely originated from to the Speaker ,” he observed. affected the work of the National the incessant wrangles in the Grand Assembly as it became the arena of the Coalition government. Although Mr Marende had tactfully squabbles and fights. delayed giving directions over the And what was his most difficult ruling? issue with a hope that the executive He says one of his toughest jobs was It was the controversial nominations of would resolve it, that wasn’t to be. The when he had just been sworn in as the the Chief Justice, the Director of Public Parliamentary Committees of Justice Speaker of the National Assembly and Prosecutions, the Attorney General and and Legal Affairs and that of Finance, he had to cool tempers and acrimony the Controller of budget following the Planning and Trade were also split between MPs allied to PNU and ODM. promulgation of the new Constitution. over the issue, complicating the matter Attempts by some ODM MPs to stop the further. swearing in of President Kibaki, however, President Kibaki had nominated Mr failed. Justice Alnashir Visram as Chief Justice, “I thought they would be able to come Prof Githu Muigai (Attorney General), together to resolve the matter but they Mr Marende had just been elected in a lawyer Kioko Kilukumi (Director of Public didn’t and if you watched me as I read tight and divisive vote (he garnered 105 Prosecutions) and William Kirwa as that communication, at some point I votes against Francis ole Kaparo’s 101) Controller of Budget, eliciting protest almost broke down because I recollected and the animosity that marked the start from the ODM side. what I had to go through in meetings of the session would define the life of the behind the scenes with the president National Assembly. ODM leader and Prime Minister Raila and the PM and how we thought this Odinga disputed the nominations saying matter would be resolved amicably and And indeed it did as he recounted they were arrived at without consultations yet it wasn’t and the parliamentary how he was left to deal with matters and thus were unconstitutional. Since committees didn’t assist me because

10 KENYA PARLIAMENT Magazine - April 2013 "I was the last check and I had the courage and fortitude to make the decision, I think it was one of those very trying moments for me” been the president who had been sworn precedents and extend the boundaries those committees ought to have come in as president would have had little of jurisprudence. up with decisions that would have just choice but to dissolve parliament and determined the matter one way or we would have to call for a by-election,” “It (my life) would have been softer, the other but instead we had reports says Marende. look at it this way; during the KANU era emerging that did not quite solve the how many Kenyans really cared about matter,” recounted Marende. “I think for me that was the hardest the Speaker’s office, that there is this decision I had to make because I ruling which keeps us on our toes, that “But well, in a way the law makes me the agonised with my conscience ...you may we are seating on tenterhooks waiting last stop and perhaps that is just what be aware at that point I had also just for Speaker’s ruling, it wasn’t there, so saved the day. That I was the last check been re-elected to represent Emuhaya I think my life would have easy it would and that I had the courage and fortitude for the second time so I came from a have been a smooth ride, but this one to make the decision, I think it was one political stable and yet there was this has been tumultuous, it has been trying, of those very trying moments for me,” challenge to now make a decision it has been fairly difficult,” said Marende. added the Speaker. that would either make or break the Mr Marende describes the 10th Parliament Kenyan nation. To me that was the most as ‘the most vibrant and an all-round The ruling was heavily criticised by the monumental, perhaps the most difficult,” achiever.’ PNU side which accused him of being he recalls. partisan. “The 10th Parliament has enacted a very He would later be faced with another high number of statutes, upwards of 200 And at the start of his term on January challenge of determining who the pieces of legislation have been passed 15, 2008, Marende encountered one the Leader of Government Business would by the tenth Parliament.” most difficult task of making a ruling on be after Kibaki nominated Vice President the oath of affirmation that had been Kalonzo Musyoka to the position as Raila There were also some missed contested by ODM MPs, just moments nominated himself. In his ruling he tasked opportunities, which he thought the after his election. the two government Joint Chief Whips to MPs would have dealt with. These run the government affairs in Parliament included strengthening the Ethics and “I had just been elected Speaker, I was as he appointed himself the Chairman of Anti-Corruption Commission to fight not prepared for it, I did not quite know the House Business Committee as the corruption and failure to push for the what procedure is and what points to two principals resolve the impasse. expansion of the country’s rail transport refer to, I had no precedents, that matter to spur economic growth. was completely new and here were “There was no unison in the government members objecting to the form of oath there was no concurrence, and am “The fact that we haven’t been able to of office that ought to be administered… glad I made that decision that made oversee the EACC vibrant, active and if I didn’t have the presence of mind to the business of Parliament to continue really running after culprits of corruption, make that decision as I did then we were even as the principals sought to find I think that’s a missed opportunity, it is going to plunge this country even into consensus,” Marende said during an something I would have really wanted to greater crisis,” Marende says. interview. see done,” he said.

Then Budalang’i MP Ababu Namwamba “Everybody wanted it (the ruling), from As much as there is an expansion of had caused a stir declining to swear the highest office to intelligence officers, roads, Marende says the railway line has allegiance to President Kibaki and but they could not have their hands on been neglected. protesting at a move to have the it. They kept on asking, Mr Speaker are President sworn ahead of him yet his you going to agree with the President? “We have seen the Thika super highway name comes first in the alphabetical But I said I will follow the law,” Marende emerge but we have seen the Kenya order. This dragged the sitting from revealed at the farewell party of Railways continue to remain in limbo, if 2.30pm to about 1.18 am the following senior retired parliamentary staff, last anything deteriorate further, perhaps this day, but Marende then ruled that the December. is something we should have pushed so oath had to be taken in the form and that the railway system would have been the manner it was prescribed as that has Describing his term as tumultuous, reinstated to full performance so that we been the precedent. the 57 year-old, says his life would can move goods faster and if anything have been smoother without the I think we should have spurred greater “We would have no MPs sworn in, they challenges that came with the tenth economic development,” Marende said. would therefore have no mandate to be Parliament. But he is quick to add that MPs and the effect of that would have it opened up opportunities for him to set

KENYA PARLIAMENT Magazine - April 2013 11 “Kenyans Aspired for Devolved Government, the Senate will Safeguard their Aspirations” An Interview with the Pioneer Clerk of the Senate

By Japhet Muthomi

r. Jeremiah Nyegenye’s opening statement summarises the critical role the Senate will play in the new constitutional dispensation Mwhose bedrock is the devolved governance structure. “Kenyans overwhelmingly voted for the new Constitution which introduced devolved governance. The primary mandate of the Senate is to represent the counties and to protect the interests of the counties and their governments thereby giving fruition to the aspirations of the Kenyan people” he says. These words by the pioneer Clerk of the Senate carry heavy significance and are key to an understanding of the role of the Senate in the new-look Jeremiah Nyegenye Parliament.

12 KENYA PARLIAMENT Magazine - April 2013 The Clerk of the Senate retraces his for the Kenya Law Reform Commission, international organizations. An advocate public service journey and his interest among many other governmental and of the of Kenya and a in parliamentary affairs to long before non-governmental organizations. He Certified Public Secretary, Mr. Nyegenye he joined the Parliamentary Service. feels privileged to have been part of has also studied legislative drafting Bred under the renowned ‘call to the team which drafted the proposed at the Institute of Advanced Legal duty’ doctrine of the late Dr. Geoffrey Constitution of Kenya, 2005 and the Studies of the University of London, Griffin his mentor and the founder Constitution of Kenya, 2010 which has the International Legislative Drafting “ of the Starehe Boys’ Centre where significantly reformed the country. Institute of the Tulane University, New Kenyans Aspired for he undertook both his primary and Orleans and the International Law high school education, Mr. Nyegenye In 1999, Mr. Nyegenye assisted the Hon. Institute. resolved from an early age to pursue a Peter Oloo Aringo, then an opposition career in the public service. backbencher to draft a Bill to amend In 2007, Mr. Nyegenye joined the Devolved Government, the Constitution to establish a Parliamentary service as the Principal He fondly remembers Dr. Griffin as Parliamentary Service Commission and Legal Counsel with the mandate of having nurtured a spirit of commitment a Parliamentary Service with autonomy establishing a fully fledged Legal to public service by the advice he gave from the executive. “I was motivated by Service that would free the legislature to his students, now immortalized in the the firm belief that the good governance from dependence on the executive for the Senate will biography Geoffrey Griffin, Kenya’s of our country could hardly be secured legal services. His tenure as the head Champion Beggar. The late Dr. Griffin when the legislature was feeble and of legal coincided with the tumultuous memorably said “Our world is full of shackled to the executive arm of era of the Grand Coalition Government people who do their duty half-heartedly, Government. Little would I have known of the 10th Parliament with its heavy Safeguard grudgingly and poorly. Don’t be like then, that many years later I would be legislative demands on Parliament. them. Whatever is your duty; complete called upon to serve and indeed head it as fully and perfectly as you possibly the secretariat of the emancipated The period witnessed a marked increase can. And when you have finished your Parliamentary Service!» he remarks. in Private Members Bills, legal advisories own duty, go on to spare some of your Mr. Nyegenye undertook a master and speaker’s rulings. He successfully their Aspirations” own time and talent in service to less of laws degree majoring in Public led the legal department rising to fortunate people....” International Law and in his LLM thesis become the director of legal services

He heeded this ‘call to duty and service’ when he joined the Attorney- General’s Chambers upon completion of his legal training and admission to "I was motivated by the firm the bar in 1997, at a time when private legal practice and corporate jobs were belief that the good governance more attractive options for newly admitted lawyers. At the Attorney- of our country could hardly be General’s Chambers, Mr. Nyegenye secured when the legislature specialized in parliamentary affairs, serving as Parliamentary Counsel in was feeble and shackled to the the Legislative Drafting Department where he provided legislative services executive arm of Government" to Government Ministries and Departments, as well as to Parliament itself and in the process made a name for himself as a legislative drafter of of the National Assembly in 2010. repute. made the case that the purview of the issues and matters that could be Among the many successes during the period was the hosting of the Inaugural He would later serve as a legislative asserted or categorized as belonging to Africa Colloquium of Legal Counsel to drafter to Constitution of Kenya Review the domestic jurisdiction of sovereign Parliaments with Mr. Nyegenye as the Commission (CKRC), as joint secretary states, to deal with as they considered inaugural Chairperson. In 2012, Mr. to the Committee of Eminent Persons on appropriate was diminishing as more Nyegenye was appointed as the Clerk of the Review of the Constitution of Kenya and more was being claimed the Senate in the first open competitive and as legislative drafting consultant by the international legal system and by

KENYA PARLIAMENT Magazine - April 2013 13 recruitment process for a Clerk of epitomize the role of the Senate. Parliament to be undertaken by the He is quick to add that even though Parliamentary Service Commission. "there is no the legislative role of the Senate is In accordance with the Constitution, constitutionally limited to matters his appointment was submitted to the concerning county governments, the National Assembly and was approved devolved Senate›s deliberative role is not so on October 11th, 2012. limited and neither is its oversight role. The Senate will therefore play a central The Clerk of Senate, who under the governance and critical role in giving expression to Constitution is the Secretary to the the people’s aspirations. Parliamentary Service Commission and its Chief Executive Officer, to speak He envisions a «respectful and considers that the dynamics of the 10th complementary relationship» between Parliament and the challenges which the Senate and the National Assembly the Grand Coalition Government had of without but is quick to add that experience world to constantly encounter and surmount over has shown that as the Houses have set a precedent for the interplay provide checks and balances against between the 11th Parliament and the robust county each other, there will occasionally executive on one hand and also within be disagreements. «Happily, the the Senate and the National Assembly. Constitution and the Standing Orders “Our people will learn that the in-built governments; have adequate mechanisms for tensions among the arms and organs dealing with disagreements between of Government are an integral feature the two Houses and finding accord.» of every modern democracy and that and there The important thing is to recognize these, when properly managed serve that both Houses are creatures of the to advance rather than undermine the sovereignty of the people and exist to common good,” Mr. Nyegenye adds are no robust serve their needs. that while it is the natural tendency for each arm or organ of Government Mr Nyegenye appreciates the to safeguard its territory or even seek county historical progress of Parliament to to extend it, the common good is its current independent status but is best served when each such arm or adamant that it is time for it to reform organ exercises a measure of restraint governments even further and to shift its focus to and recognizes and respects the reflect the aspirations of the people. constitutional status and mandate of He envisions a “Senate that resonates the other or others. without an with the people and the counties; a Mr. Nyegenye cannot hide his Senate that the county governments enthusiasm while speaking on the and the people will identify with and subject of devolved governance which equally robust truly feel a part of”. To achieve this, he considers to have been “at the Mr. Nyegenye is resolute that there is heart of Kenyans’ clamour for a new a need to promote a new culture of Constitution” and whose successful and vigilant «public centeredness» in the Senate implementation “will be the yardstick secretariat and Parliamentary Service for determining the success of the workforce in general. “The Constitution constitutional project”. In this context, Senate" is clear that public institutions belong he argues that drawing lessons from to the people and they must therefore the collapse of the system get the services to which they are just after Independence, the centrality entitled. It is the least we can do.» of the Senate as the custodian of To him, «there is no devolved county governments, to guarantee governance to speak of without Mr. Nyegenye adds: “If we believe that they are adequately financed robust county governments; and there in our country and if we serve it and that their constitutional mandate are no robust county governments wholeheartedly, believing that we are and jurisdiction is not upset or eroded without an equally robust and vigilant the forces of change, then there is cannot be gainsaid. Senate.» These basic propositions nothing we cannot do”.

14 KENYA PARLIAMENT Magazine - April 2013 Both Houses of Parliament will Co-exist Harmoniously Says new Clerk of National Assembly By Japhet Muthomi

“I have served the government of this position approaching the era of Mr. Justin Bundi Kenya all my working life, right from bicameral parliament, I have to say that Clerk of the National Assembly when I left the Kenyans need to brace themselves for in 1981”, is the curt reply from the a totally new way of doing things in the new Clerk of the National Assembly, 11th Parliament”, he says. Parliament has been allocated Protection Mr. Justin Bundi, when asked about House by the government and the St. his career journey. The new dawn provides for a two- John’s Ambulance Building has also chamber legislature, county assemblies, been purchased by Parliament. Office The soft spoken former Clerk of East the presidential system and how space has been leased in Harambee African Legislative Assembly (EALA) has Parliament will be relating to the Cooperative Plaza and Ukulima replaced Mr. Patrick Gichohi as Clerk of executive through committees, with Cooperative House. This is in addition to the Nation Assembly after the former no ministers in the chamber and no the expansion of the catering unit that Clerk retired on December 18th, 2012 question time. “Parliament now will be will have an underground parking for after serving parliament for 33 years. able to put the executive arm to account 200 cars. The Clerk also revealed that for its performance, it will even have the the Senate Chamber is being remodeled Born in 1961 in Tharaka Nithi County, mandate to impeach the President and into a modern chamber like the National Mr. Bundi started his career as a District the Deputy President”, he adds. Assembly Chamber and is expected to Officer in the volatile North Eastern be completed within six months. He region, serving in such districts as On the task ahead of ensuring that the further revealed that a temporary Mandera and before moving to Senate and the National Assembly are Chamber for the Senate will be located Kisii and Siaya in Western Kenya. well facilitated by the staff to meet their at the Kenyatta International Conference mandate, the new Clerk of the Assembly Centre. “I served in the North doesn’t mince his words, “I am aware when the area was quite volatile with of the stereotype about government Each House will have its rules of inter-clan tension and clashes but service being lethargic and inefficient. procedure for its business and where we were able to diffuse the problem. What I want to assure Kenyans is that we joint engagement is envisaged, there Having started my career there, I guess have molded and continue to strengthen will be joint rules to ensure that that it prepared me for the long government a very efficient Parliamentary secretariat there is no conflict. “We don’t envisage service ahead”, he says of his career that will be an example of excellence”. any conflicts to write about, the two that was later to take him to Namibia houses are serving Kenyans, they share with a team consisting of several other According to him, Parliament will be the staff and are administered by the same DOs that helped organise and supervise linchpin of the three government arms Commission. There will certainly be Namibia’s independent elections. and if the Members of National Assembly frequent consultations between the two and Senators are not well facilitated in Speakers and the two Clerks and we After coming from Namibia, Mr Bundi their functions, then there is a genuine expect that Members will be striving to later worked with the Ministry of Tourism risk of derailing the government. For do the best for the country and not for and Wildlife before he was transferred to that, the Clerk insists that parliamentary their respective houses”, he said. the National Assembly when Parliament staff have to be equal to the task and decided to strengthen its secretariat. ensure that that the new parliament hits The Clerk makes a strong pitch for “We were 12 of us posted to Parliament, the ground running. Kenyans to take advantage of public including the former Senior Deputy Clerk participation in the legislative process. Mr. Peter C.O. Omollo and the Special As part of the preparedness for the “The public should realize that their Programmes permanent secretary new Parliament, Mr. Bundi, who prior to views will count in a stronger way if they Andrew Mondo. Out of the 12, all left his appointment as Clerk, chaired the package them well and present them to other than Mr. Omollo and I”; he recalls. Infrastructure Committee of Parliament parliamentary committees during public points at the massive development that hearings instead of just complaining Mr. Bundi is quick to point out the the Parliamentary Service Commission about laws. significance of the timing of his has undertaken. appointment. “As the first holder of

KENYA PARLIAMENT Magazine - April 2013 15 NEW LOOK PARLIAMENT: A Historical Analysis of bicameralism in the Kenyan Parliament By Njenga Njuguna and Omweba Shadrack Makokha ndoubtedly, one of the paradigm shifts brought about by the enactment of the Constitution of Kenya 2010 is the restructuring Uof the Kenyan legislature by introducing the Senate. Historically, Kenya has previously had an experience with a bi-cameral Kenya remains a unique legislature, composed of the Senate and the House of Representatives, thanks to the 1963 Constitution. case of a , devolved into a twin To better understand the context, as stipulated under the Constitution, one has to be first familiar with the 1963 Senate in terms of its composition, roles national and county and the intrigues that led to its abolition. The Senate then, was composed of 41 members, representing the 40 Districts and the Nairobi area. governance system

Members were expected to serve on rotational staggered tenures, in such a that are separate yet way that in every election only a specific proportion of Senators were eligible interdependent 16 KENYA PARLIAMENT Magazine - April 2013 House of Representatives, and incase dominance over the last four decades. amendments were proposed by the In fact, during this period, Parliament’s latter, the two Houses had to agree ability to check the Executive was before its assent by the President. Quite eroded and it was merely transformed curiously, while Senators could hold the into a puppet of the Executive. The Executive arm accountable, they were centralized system, now without the only allowed to ask questions on behalf Senate, ensured that regions which of their Districts and not regions. were out of favor with the ‘government of the day’ remained secluded and had Afraid of an influential Senate and no genuine institution to represent their the desire by the centrists within the interests. Executive to manipulate Parliament in their bid to establish a powerful Nonetheless, the struggle for a new Presidency, several amendments Constitution that would respect the were introduced to the Constitution. doctrine of separation of powers and the In December 1966, vide the 7th system of checks and balances ensued Constitutional of Kenya (Amendment)

While establishing a Bi-Cameral Parliament, the Constitution creates a strong Parliament within a Presidential system of for elections. This allowed for legislative governance continuity, shared experience and preservation of institutional memory. culminating into the enactment of the The primary role of establishing the Act, 1966; the Senate was merged new constitution in 2010. Senate was to protect minority interests with the House of Representatives into (communities) especially in Rift valley one house with 41 new Constituencies The people of Kenya, while drafting the and Coast provinces. In addition, being created to accommodate the 41 2010 Constitution, opted to create a given the fact that Kenya then was existing Senators. Regional Governments Parliament that would accommodate operating under a devolved Government were equally abolished. This may have Kenya’s diverse interests, ensure full comprising of regions (Majimbo), the somehow later greatly influenced the representation, respect and protect the Senate was meant to safeguard these creation of the Senate in the new devolved government units (Counties). region’s autonomy and interests. constitution. Indeed, the sovereignty of Parliament emanates from the sovereign power of Similarly, the Senate participated in the The net effect has been the erosion of the people as provided for in Article 1 of legislation function by way of originating the principle of separation of powers, the Constitution. any bill except money bills. In the event checks and balances for equitable and there was any doubt as to whether a democratic governance and distribution While establishing a Bi-Cameral bill was a money bill or not, the matter of resources. The establishment of Parliament, the Constitution creates a was referred to the then Supreme Court the Senate as the principal custodian strong Parliament within a Presidential (later christened High Court after of the interests of counties and their system of governance. However, Kenya 1963) for determination which had the governments clearly shows Kenya has remains a unique case of a unitary final jurisdiction over the matter. gone a full circle, politically-speaking. state, devolved into a twin national and county governance system that are Notably, bills originating from the Kenya has had to operate under this separate yet interdependent. In most Senate would be scrutinized by the cloud, characterized by Executive

KENYA PARLIAMENT Magazine - April 2013 17 jurisdictions, establishment of a second a motion on a money bill, but the same both houses for mediation in accordance chamber is always associated with a must also be presented to the Senate, with Article (113). federal country that is divided into small where amendments can be proposed. units, which are either independent or The Senate shall also exercise oversight quasi-independent, in which case the However, depending on the constitutional over national revenue allocated to the Senate serves to protect their interests mandate given to each House, as a County Governments. In the same vein, and autonomy. Parliament, they must agree on its text the Senate shall participate in oversight and content of a bill before assent by of state officers by considering and The Senate shall comprise of 68 the President. This will certainly improve determining any resolution to remove Senators that is: - 47 elected Senators the quality of legislation and citizen the President or Deputy President in representing each of the 47 counties, 16 representation. accordance with the procedure set out women nominated by political parties in Article 145 of the Constitution. on a pro rata basis of votes won, a man Notably, if a bill relates to election of and a woman representing the youth, a members of County assemblies or a In terms of discharging its duties, the man and a woman representing persons county executive or revenue allocation Senate like the National Assembly, shall with disabilities, and the Speaker. to counties, such a Bill will be considered develop its own Rules of procedure i.e. as a ‘Special Bill’ under Article 111 and Standing Orders and practices to govern The Senate was principally established may be vetoed by National Assembly its conduct. Members will also elect the to protect the interests of Counties and through a resolution supported by two- Speaker and the Deputy Speaker who their governments as provided for in thirds of its members. shall preside during proceedings. Article 96(1) of the Constitution. Apart from Bills concerning Counties, it The Constitution further states that in The Senate shall also participate in the is apparent that the Senate shall have case of a joint sitting of both Houses, Law making function of Parliament as limited legislative latitude to consider the Speaker of the National Assembly practically all bills must be considered by other legislative proposals originating shall preside assisted by the Speaker both houses. However, the constitution from the National Assembly. However, of the Senate. In addition, the Senate provides some exclusive mandates to the National Assembly shall have may establish Committees pursuant to either House to initiate certain pieces unrestricted consideration of all bills. the provisions of Article 124 of the of legislation. For instance, the Senate Constitution. The Committees shall is specifically mandated to initiate Apart from legislating, the Senate, have powers to summon witnesses for purposes of giving information or providing evidence. The Constitution There are pertinent issues that will require clarification further emphasizes public access and participation in either by way of legislation, judicial proclamation or Senate’s proceedings. administrative action, for avoidance of doubt on the Reflection Points; Matters operation of the Senate and any potential conflict with that needs sensitive consideration the National Assembly `Strong’ bicameral systems are ones in which the two houses are symmetrical— and deal with legislations touching on through a resolution shall determine their powers are comparable or nearly County matters. Article 96(2) specifies the basis of allocating national revenue comparable—and incongruent—their that the Senate shall consider debate among counties annually. In doing members are elected in significantly and approve Bills concerning Counties so, it shall have to consult with the different ways. in accordance with Article 109 to 113. Commission on Revenue Allocation, County Governors, the Cabinet Secretary Traditionally, in most jurisdictions with In this case, the Senate may be proactive on Finance, the public and professional bicameral , the Senate serves by utilizing Article 109 which allows a Bill bodies. as the , while the National concerning a County to originate from Assembly or House of representatives the House, but such a bill must also be A resolution arrived at shall be forwarded as the , but each with a considered by the other chamber, in this to the National Assembly which may complementary function. Kenya’s new case the National Assembly. The reverse adopt, reject or amend. In the event of a Senate is quite a unique experiment with also applies to Money Bills (Article 114). rejection or an amendment, the matter no equal anywhere in the world. Only the National Assembly can initiate shall be referred to a joint committee of

18 KENYA PARLIAMENT Magazine - April 2013 Be that as it may, there are certain term Kenyans will need to hold Senate speaker is not a member. In pertinent issues that will require sober discussions on this issue as addition, Article 108 establishes the clarification either by way of legislation, there are likely to be operational leader of the majority and minority judicial proclamation or administrative hiccups once Parliament is parties in the National Assembly action, for avoidance of doubt on the constituted, whereas the Senate (while none in the Senate,) without operation of the Senate and any potential may be tempted to make attempts clearly assigning roles to these conflict with the National Assembly:- to curve its space, the National positions. Perhaps the Rules of Assembly may certainly seek to Procedure (Standing Orders), revised First, in spite of the constitutional protect its mandate as currently PSC Act, practices and conventions provisions that stipulate that both provided in law. should address these sticky points Houses have similar status and in the medium and long-term. perform complementary functions, Secondly, on procedural issues, Article there are already lingering positions 107 (2) provides for a joint sitting of the Conclusion and arguments in the public House. It’s not explicitly clear, where this The re-introduction of the Senate domain on which house is superior joint sitting shall be held, even though presents Kenya with another great between the Senate and the this can be dealt with by a resolution of opportunity to recover checks and National Assembly. From the face the two chambers. In most traditional balances lost immediately after value, whereas Senators will largely bicameral systems, joint sittings are independence. The Senate shall certainly represent a greater population and either held in a separate hall or whichever improve the quality of legislation, geographical area (county), hence chamber that can accommodate the ensure effective representation and a greater mandate because of the large number of legislators from both safeguard the interests of Counties. All size of their constituent counties, Houses. In India, joint sittings of both that is needed is to clear the existing they will however oversee or have Rajya Sabha (upper) and Lok Sabha ambiguities and build its legislative and limited legislative mandate in their are held in a Central Hall. In the USA, technical capacity, by way of providing Senate functions. In fact, with this joint sittings are held in the House of modern facilities and effective staff to scenario, Senators powers will be Representatives, mainly due to space ensure it delivers quality services to the constrained in terms of ability to limitation in the Senate and lack of any people. check most legislation originating other suitable venue in the Congress from the executive or the National buildings. The Senate is and will remain a Assembly. testimony and symbol of the clamour This ambiguity extends to the for devolution whose object has been Comparatively, in most jurisdictions composition of the Parliamentary to address historical imbalances and which have a bi-cameral legislature, Service Commission (PSC), such unbalanced development and inequality the Senate is always superior or that whereas the Speaker of the in Kenya. deliberative Chamber. In the long- National Assembly is a member, the

KENYA PARLIAMENT Magazine - April 2013 19 Training Centre at the core of Pro. Agnes Nyokabi, Capacity Buidining Director CPST of its business. As a result, their forum and content fall short of giving adequate for new elected insight and grounding into underlying and latent principles of Parliament and the many facets and components of Leaders and Staff its work, operational mechanisms and By Serah Kioko status as a key member of the corporate governing establishment of a state. going process to help the organization BACKGROUND address expected and unexpected Cognisant of the foregoing, the he 10th Parliament will go down challenges which calls for exposure Parliamentary Service Commission, in history as one that instituted to new ideas to sharpen employees’ under the stewardship of the Hon. Tmore reforms than any of its innovativeness and thereby contribute to Kenneth Marende as Chairperson, predecessors. organizational growth and development. established the CPST, something done In Kenya, there are examples of such by a few other Parliaments who want Of the key reform initiatives was the training centres both from the private to ensure the provision of structured taking of a concrete step to address the and the public sector. They include training and capacity development for challenge of capacity development for Nation Media Group’s Media Lab, the both Members and staff of Parliament. Members of Parliament, staff, Members Safaricom Academy which is hosted and staff of County Assemblies by at Strathmore University, the Bandari THE CPST– A PROFILE establishing the Centre for Parliamentary College of Kenya Ports Authority, The The CPST is an organ of the Parliamentary Studies and Training (CPST). Kenya Wildlife Service Training Institute Service Commission (PARLSCOM) (situated in Naivasha), the Kenya established by a resolution of the The establishment of the CPST has Defence College, the Kenya School of Commission on December 08, 2008 been in response to Parliament’s Government (formally Kenya Institute and later given the force of law through strategic plan which calls for improved of Administration) and Kenya School of the publication of the Parliamentary performance. Under this strategic Monetary Studies for the Central Bank Service (The Centre for Parliamentary priority, the CPST will play a key role in of Kenya, among others. Studies and Training) Regulations, 2011. strengthening the capacity of Members to execute their mandate and enhancing Such practice has not been the norm for Prior to the gazettement of the CPST staff performance through appropriate many Parliaments yet few institutions Regulations and the appointment of training programmes. offer parliamentary training, which is the Board, the Centre operated under highly specialized. Many parliaments the provisions of the Commission Modern institutions all over the world lack properly structured in house training Resolution of December, 8, 2008 with are setting up their own institutions for Hon. Members and staff and much the policy direction being given by a of learning specially designed to build of what is available tends to be reactive, multi-departmental Steering Committee, capacity of their employees in ways short and ad hoc. Such programmes, appointed by the Clerk of the National that the organizations deem most though tailored to the needs of the Assembly. The day to day operations of appropriate and relevant to their needs. moment, lack a long term strategy. The CPST were and still continue to be carried out under the supervision of the Additionally, real or effective capacity The mission of such courses is usually to Director of the Centre who is the Chief development for any organization ought induct the target group into the general Executive Officer and Secretary to the to be a properly structured and an on- workings of Parliament and the conduct Board.

20 KENYA PARLIAMENT Magazine - April 2013 Management and Administration its roles and functions in democratic and Recreation. Framework governance; The Parliamentary Service (CPST) Cross-Cutting: to offer modules for Regulations, 2011, vest the management • Prepare modules for training on capacity development for Members and of the Centre in a Board consisting of legislation, representation and the staff relating to Gender and gender the following members:- oversight roles of Parliament, in equality in parliaments, ICT, Language, Three members of the PSC one of whom collaboration with the National Diplomacy, Protocol, Customer Care, shall be the chairperson; Assembly and the Senate, other Planning, Management, Strategic national or supranational Parliaments, Planning, and Oversight. The Clerk of the National Assembly; and other centres or institutes executing similar mandates; Matters requiring immediate attention: The Clerk of the Senate; the Centre is mandated to organize • Undertake any other business, which various capacity building events for The Director of the Centre, who is an is incidental to the performance of Members and staff of the national employee of the PSC and Secretary to any of the foregoing functions. Parliament and County Assemblies in the Board, is responsible for the day- order to equip them with skills and to-day management of the affairs and WHAT THE CPST OFFERS enable them implement relevant sections business of the Centre. The CPST is a one stop research and of Constitution. skills development centre that provides Vision training and capacity development in CPST and Training of County To be a Centre of Excellence in parliamentary and governance affairs Assemblies Parliamentary and Governance Affairs. to Members and staff of Parliaments, The CPST has been mandated to provide government officials and other interested training and capacity development to Mission parties. This is done in line with the Members of County Assemblies. CPST To enhance the capacity of Honourable Curriculum which is based on seven will work closely with the Departmental Members and staff of Parliament for thematic areas, namely:- Committee on Local Authorities that the effective and efficient execution oversees County Assemblies. of the mandate, role and functions of Legislative and Procedural: for Parliament in democratic governance. capacity development of Members and To realise this mandate, CPST has staff in the areas of House, Committees prepared the following materials:- Key Roles and Functions and Legal Services. • Conduct courses for the exposition 1. Sketch of the Rules of Procedure(this and enhancement of the knowledge, Research and Information: to offer is a generic template that each skills and experience of Members of modules for the capacity development County Assembly could adopt but Parliament and staff and Members of Members and staff in the Library, tailor to its specifications); and staff of County Assemblies; Research, Public Relations, Media, Clerks 2. Induction/Orientation material for and the Hansard services. Members and staff; • Conduct courses on parliamentary 3. Proposal on Staffing/Job Descriptions; matters to other persons as may be Security, Ceremonial and Precincts 4. Model County Assembly; and approved by the Board; Décor: to offer modules for capacity 5. Handbook for County Assembly. development relating to security and • Provide directly, or in collaboration ceremonial functions for Members and The Centre has held and will continue with other institutions of higher staff of Serjeant-at-Arms, Clerks, Office to hold consultations with the learning, facilities for parliamentary of the Speaker, for Managers and Office Transitional Authority, the Ministry of research, studies and training; Services. Local Government and other relevant Government agencies in the process • Participate in the preservation Public Finance Management: to of preparing and providing training and transmission of parliamentary provide modules for Members and and other facilitation to the County knowledge in Kenya; the staff relating to Accounts, Budget, Governments. The CPST is waiting for Finance, Procurement and Internal Audit. the national Parliament and the County • Conduct examinations for, and Assemblies to designate their staff, after grant, academic awards as may be Human Resource and Administration: which the Centre will roll out training necessary; to offer modules for capacity development programmes as appropriate starting with for Members and staff relating to Human Induction/Orientation. • Contribute to the effective and Resource Management, Human Resource efficient execution by Parliament of Development, Pensions, Catering, Health

KENYA PARLIAMENT Magazine - April 2013 21 ...From a Budget Approving to a Budget Making Legislature

By Martin Masinde

Macro model is a logical mathematical framework representing economic relationships that explain how the economy works.

he new constitution has with evidence backed analysis for advice on matters concerning the significantly changed the public their arguments. The Parliamentary economy. Through this tool, NABO is Tfinancial architecture and has Budget Office (PBO) will be the pillar able to provide various analyses that given Parliament a more enhanced in ensuring that the Parliament moves are crucial for evaluating the budget role in the budget making process. from a budget approving legislature to as well as giving policy direction. a budget making legislature. For this Others jurisdictions with operational This includes the ability to decide reason, there is need to benchmark best forecasting models include the on resource mobilization, allocation, practices with regard to the functioning Canadian Parliamentary Budget Office monitoring and control. The public of Parliamentary Budget Offices. (PBO) which uses a micro simulation finance chapter of the Constitution model to estimate the elasticity of their has endeavored to provide the legal The PBOM is the first of its kind in Africa. tax revenues. On the other hand, the framework on intergovernmental and Macro models exist in other Parliaments Congressional Budget Office (CBO) has county fiscal relations in terms of outside Africa who have established several stylized models that forecast resource mobilization and allocation. strong budget offices and are now the key macroeconomic variables. benchmark of best practices across Article 221(4) of the constitution gives the world. For instance, the National Best practice warrants therefore, that Parliament the mandate to review Budget Office of Korea (NABO) has the Kenyan Parliamentary Budget the budget estimates and make its a well developed macro model that Office be properly equipped with its own own recommendations before it can is essential in providing sound policy model to undertake budget projections approve the budget. Further, the budget committee is tasked to engage in budget processing by giving strategic direction with regard to resource The Parliamentary Budget allocation among the three arms of government. As such, the Legislature Office (PBO) will be the pillar will require timely, quality and adequate information and data on key macroeconomic variables that affect in ensuring that the Parliament resource mobilization and allocation and are crucial in shaping policy. moves from a budget approving

In fulfilling this mandate, the Budget legislature to a budget making Committee and other House Committees need to be equipped legislature

22 KENYA PARLIAMENT Magazine - April 2013 and forecasts, providing alternative in the country. This is very important scenarios for various macroeconomic to Members of Parliament who as variables including options to reduce representatives of the people, are the budget deficit. The PBOM model charged with the responsibility of law has been developed by taking into making as well as policy evaluation and Just like consideration these efforts made in implementation. in the case other jurisdictions. of NABO and The macro model is a logical Additionally, there is need for an CBO, the Parliamentary mathematical framework representing independent institution within the Budget Office endeavors to establish economic relationships that explain public financial management realm a Budget Institute (BI) which shall how the economy works. It summarizes to give an alternative scenario on comprise of experts/policy makers from the behavior of economic agents; key macroeconomic assumptions. the Treasury, academia and professional simplifying the complex reality which This is more important with regard groups. The Budget Institute (BI) shall is the economy as we know it today to qualitative assumptions which provide a platform to exchange ideas including theoretical principals in are based on discretion such as the that touch on fiscal policy and the macroeconomics into a coherent and fundamentals driving growth after an economy. The basic purpose is to straightforward analysis. election year, absence or presence of identify the points of departure and Does Parliament really need a macro drought mitigation measures, impact areas of agreement that will form the model? One may ask. The answer of political uncertainty on foreign basis for encouraging convergence in depends on how relevant Parliament direct investment, among others. The ideas. Overall, this will reduce conflict wishes to be in the budget making and between the proposed PBO model policy formulation process. A macro and other models such as the KIPPRA model is crucial for three main reasons; Treasury Macro Model (KTMM), the CBK understanding how the economy A macro model is crucial model, among others. Indeed, the Office works, forecasting future economic is committed to ensuring that there is performance and developing various for three main reasons; participation and wider consultation scenarios for policy formulation. among stakeholders.  Understanding how The economy can be a complex, even the economy works On sustainability of the model, the confusing place to operate in. With all Parliamentary Budget Office has already been granted a line item in the gymnastics the shilling was recently  Forecasting future performing against foreign currencies, terms of budgetary allocation under the rise and rise of food and fuel prices economic performance the Parliamentary Service Commission and the sudden spike in banks’ interest Vote. In as much as this line item is rates, certainly, to a non-economist,  Developing various factored in for short term training, it these must have been confusing times scenarios for policy is expected that in the future this will indeed. With a macro model, economists formulation. be enhanced to facilitate continuous are able to explain the interaction training which is crucial in updating between these variables and to portray and building capacity for the model. as succinctly as possible, how each In addition, the Parliamentary Service variable affected the economy. Going Commission has recruited additional forward, the model can also be used Budget staff, a number of whom have importance of an independent and to estimate the impact of economic sound understanding of macroeconomic alternative view of the economy and policies currently being pursued by models. This will form the basis for Executive budget will become more government as well as developments in future capacity and sustainability of the apparent in the long term given the the national and global economy on the model. powers bestowed upon Parliament to future economic outlook. influence resource allocation in the new Lastly, the Parliamentary Budget Office dispensation. Through the macro model, Perhaps the most significant use of envisions that in future, the PBO model the Parliamentary Budget Office will be the macro model is policy analysis. will serve as training platform for young able to offer an alternative scenario With the model, Parliament will be able and upcoming macroeconomists under that is embedded in solid economic to evaluate a wide range of possible existing internship programmes. arguments based on the reality on the policy packages and the effects of ground. policy changes on the economy and more importantly, the levels of poverty

KENYA PARLIAMENT Magazine - April 2013 23 Ministry of Foreign Affairs

The Role of Parliamentary Diplomacy in Foreign Policy By Salad Malicha Guyo

ince independence Kenya National Assembly has played interchanging roles depending with the change of Foreign policy of a country Ssubsequent regimes. With the ushering of new dispensation, Parliament role has refers to the course of dramatically changed from just legislation, oversight and representation to budget making and vetting public office action designed by a state appointees. to achieve its objective in More importantly, Parliament has extended its circle of interest in the foreign field. Issues of foreign policy have frequently the international arena

24 KENYA PARLIAMENT Magazine - April 2013 been subject of discussion, either in who represent him in other states with Foreign policy is an externalised public committees or during a parliamentary Parliament’s approval. policy. The only thing that differentiates plenary session. them is the territory. The envoys report directly to the Head In addition, parliamentary delegations of State making him a central figure in This means that Parliament formulates participate in the work of parliamentary the foreign policy formulation, conduct policies and establishes committees/ assemblies of international organizations and implementation structures. This include: Defence and such as Inter-Parliamentary union (IPU) Roreign Relations Committee that and Commonwealth Parliamentary Kenya’s foreign policy includes; oversees the implementation of foreign Association (CPA). The potential (i) Respects for sovereignty and policy. influence of Kenya National Assembly in territorial integrity of other states the legislative output is very significant and preservation of national Apart from members of executive arm within and without borders of the security; of the government and Judiciary, the republic of Kenya. (ii) Good neighborliness and peaceful Legislature also plays a part in the co-existence; foreign policy in one way or another. Foreign policy of a country refers to (iii) Peaceful settlement of disputes; The foreign policy decisions such as the course of action designed by a (iv) Non-interference in the internal ratification of important treaties are state to achieve its objective in the affairs of other states; sanctioned by the Parliament. international arena. It is a sum total (v) Non-alignment and national self Contd. on pg. 35... of country’s intention towards other interest and states and non-state actors in the (vi) Adherence to the charters of the international system. Actors in foreign UN and AU policy are institutions, individuals or groups that influence behavior in the Pursuant to the provision states relations. Institutional actors are Chapter 8, Article 132 structures or mechanisms of social The wider role of states; order and co-operation governing the (2) The President shall behavior of a set of individuals within a nominate and, with the Parliament in given community. the approval of National Assembly, The institutional actors in Kenya’s the system of a appoint and may foreign policy include the Head of dismiss- State, Parliament, Ministry of Foreign (e) High country’s foreign Affairs, Judiciary and other ministries commissioners, like the Ministry of Finance, Defence ambassadors, and Trade that are also presumed to policy varies, diplomatic be empowered to speak and act on and consular issues of foreign relations that concern representatives. depending on specific tasks of their Ministries. (4) The president may- (d) Declare a state In the formulation and conduct of the historical origins of emergency; and foreign policy, the (e) With the is the top diplomat because he approval of of the country, its represents the state in the international Parliament, declare conferences and summits. The Head war. of State accredits diplomatic envoys, political system and signs credentials given to the head Parliament plays a major of diplomatic missions, authorises a role in the foreign policy. the overall position delegate to sign treaty on his behalf. In Some of the key functions many states-nations, the formulation of Parliament, with regard and implementation of foreign policy in the international to foreign policy, involve begins and ends with the Head of proposing, deliberating State. The Head of State appoints and deciding about public arena ambassadors / high commissioners policy.

KENYA PARLIAMENT Magazine - AprilMarch 2013 2013 25 RecoBy-rEdlections in the Tenth Parliament By Esther Kamau

he 10th Parliament goes into by-election saw Hon. Ferdinand Konchella MP for Kilgoris was the history books as having Waititu elected. nullified by the courts and a by- recorded the highest number of election was held on June 11th T st by-elections ever held in the country. • On January 31 , 2008, Hon. David where he recaptured the seat. These were mainly occasioned by Kimutai Too MP for Ainamoi was deaths of members and nullification shot dead by a policeman. In the • On June 10th, 2008, Hon. Kipkalya by the courts for various election 11th June by election, Hon. Benjamin Kones MP for Bomet and Hon. malpractices. Langat was elected the new MP for MP for Sotik perished the area. in a plane crash in Enosupukia, In total 22 by-elections were held, eight Narok district. This occasioned by- of which followed deaths, one each was • The Election of Hon. Gideon elections in the two constituencies due to the resignation of the Speaker on September 26th, 2008. Hon. Hon Kenneth Marende and another due Beatrice Kones captured the seat to a tie of votes. for Bomet while Hon. emerged the winner in Sotik 2008 witnessed Seven by-elections, constituency. • The results for Wajir North after the General Election produced a In 2009 there were only two by- tie of votes. A by-election was held elections. On March 18th, 2009, the on June 11th, 2008 where Hon. election for Hon. Joel Onyancha, MP for Mohamed Gabow was elected MP 22 Bamachoge was nullified by the courts for the area. number of for election irregularities. Hon. Simon Ogari emerged the winner in the by- • On January 15th, 2008, Hon. election held on August 27th, 2009 Marende the then MP for Emuhaya by-elections was elected Speaker of the 10th Hon. Charles Lilechi Lugano MP for Parliament thus the seat for Shinyalu passed away on May 4th, 2009 Emuhaya was left vacant. The by- held, eight of after a short illness, a by election was election was held on June 11th and held on 27th August 2009 where, Hon. Hon Wilber Ottichillo emerged Justus Kizito captured the seat. victorious. which followed 2010 witnessed, six members of • On January 27th, 2008, the MP deaths Parliament lose their seats following for Embakasi, Hon. Mugabe Were nullification by the courts after was shot dead by gunmen and a successful petitions. 26 KENYA PARLIAMENT Magazine - April 2013 • On January 14th, 2010 months later, the Opponent, Mr. was declared vacant following parliamentary seat for South Mahamud Muhumed Sirat captured nullification of the election of Hon. Mugirango constituency was the seat. Walter Nyambati on grounds of declared vacant because, a petition • Four by-elections were held in the election anomalies. Hon Nyambati challenging the election of Mr. year 2011 became the fourth MP to reclaim Omingo Magara was successful. his seat. A by-election held on 10th June • Hon. John Ngata Kariuki, the MP 2010 saw Hon. Manson Nyamweya for Kirinyaga Central, became the The year 2012, the last year of the triumph. seventh MP to lose a parliamentary 10th Parliament was not spared of by seat in the year 2010 following yet elections. Three by-elections were • Following a court petition filed by another successful court petition. occasioned by the deaths of three MPs- a voter in Matuga, Hon. Chirau Ali His seat was declared vacant on (Kangema), who died in Makwere lost his parliamentary November 19th, 2010. He did not February due to illness. seat on February 25th, 2010. However, he managed to retain the seat in by-election held on July 12th, 2010, becoming the first MP in the 10th Parliament to successfully defend his seat.

• On May 14th, 2010, the court nullified the election of Hon George Thuo as MP for Juja on grounds of election irregularities. In the by- election held on September 20th, 2010 Hon. William Kabogo Gitau, triumphed.

• The MP for Makadara, Hon. Dick Wathika’s election was nullified by Voters queing in one of the many by elections held during the 10th parliament the courts and in the by-election Hon. Gideon Kioko Mbuvi captured the seat. contest the by-election which saw Professor , who • Hon. ’s election Hon. Joseph Gitari elected. represented Kajiado North constituency as MP for Starehe was reversed died with Orwa Ojode, who represented following a vote recount held in • Ikolomani MP Boni Khalwale lost Ndhiwa constituency, when their police April 2010 which indicated that his seat in a petition on March 14th, chopper crashed in Ngong Forest on Maina Kamanda had won the 2011, However in the by election June 10th, 2012. election. However, she emerged the held on 23rd May 2011, Hon. Boni winner in the by-election, becoming Khalwale reclaimed his seat. In the by-elections held on September the second MP after Makwere to 17th, 2011, Hon Tirus Ngahu, emerged successfully defend her seat. • Mr Simon Mbugua, MP for Kamukunji the winner to represent the people of lost his seat also due to a petition. Kangema, Hon. Olesakuda captured • August 12th 2010 saw Wajir A by-election followed August 18th, Kajiado North and Hon. Agostino Neto South parliamentary seat declared 2011, where Hon. Yusuf Hasan Abdi captured the Ndhiwa seat for the vacant following a court petition emerged victorious. remainder of the parliamentary term challenging the election of Hon. which officially ended on January 14th, Abdirahman H. Ali by his opponent • On August 12th, 2011, the Kitutu 2013. and in the ensuing by election two Masaba parliamentary seat

KENYA PARLIAMENT Magazine - April 2013 27 Assisting Transition By Anne Gathigia Mbataru

Interim County Governments staff follow ‘proceedings’ in the National assembly Chamber during a parliamentary session simulation organised by the Centre for Parliamentary Studies and Training as part of their preparedness for county assembly service.

t is often said that change is as good as a rest, what is not highlighted is that change is a process and it takes time. IOrganizations are bound to change every now and then especially Transition techniques when the leadership changes. include involving Parliament is on the threshold of change in accordance with the New Constitution promulgated on August 27th, 2010. With this in mind employees in some therefore, it is imperative to remember that transformation will take time. decision making 28 KENYA PARLIAMENT Magazine - April 2013 Kurt Lewin, a physicist and social scientist, defined a model for organizational change as far back as 1947. Lewin used an analogy of changing the shape of a block of ice to convey his theory. If you want to change the shape of a block of ice you must first melt it or break down its existing structure.

Once it’s unfrozen, it becomes liquid and can be changed by guiding it in any direction you desire. Using a mold, you can cause it to take on a different shape from its original state. Finally, you freeze the liquid within the mold to crystallize it into its new shape.

This is how Kurt Lewin explained his influential three-stage model of organizational change. Here are some key points to consider when thinking about three stages of change (Unfreeze, Change, Freeze). If you want Unfreeze:- This is the basic tendency to seek a situation which has relative safety and feel a sense of control. In establishing themselves employees may attach their sense of identity to their environment. This creates a to change the comfort zone from which any alternatives even with benefits causes discomfort. shape of a block Effort may be required to unfreeze and get them moving (Push Methods i.e. use of power and authority) after which pull methods i.e. motivation may be used of ice you must to keep them going. Unfreezing techniques may be by inspiring the employees to achieve remarkable things, commanding them to move, destabilizing the people who are in their comfort zone and setting goals in order first melt it or to have objectives at the end of assigned tasks.

Change:- The transition/journey from unfreeze to break down change does not happen overnight: People take time to embrace the new direction and participate proactively in the change. Transition techniques include involving its existing employees in some decision making, giving people space to air their concerns, Re-educating employees by imparting new knowledge/skills and making it easy to get going by putting in mind that these are the first structure steps.

KENYA PARLIAMENT Magazine - April 2013 29 Interim County Governments Staff are taken through the motion of broadcasting house proceedings at Parliamentary Broadcasting Studios during one of the trainings organised by the Centre for Parliamentary Studies and Training (CPST)

to implement change more easily. In encouragement to take the first step and Refreezing:- When change is taking every organization there are two kinds are good to go. Secondly, are the frozen; shape and people have embraced the of people, First, the Change Ready; those that are in their own comfort zone new ways of working, the organization is these are people who are unfrozen and and take a long time to let go, such ready to refreeze and establish stability. ready to take the next step, this requires people need a push in order to unfreeze This may also be a slow process. The and move on. outward signs of the refreeze are a stable organization chart, consistent job Time and communication are the two descriptions, and so on. Time and keys to success for the changes to occur. People need time to understand The refreeze stage also needs to help the changes and they also need to feel people and the organization internalize or communication highly connected to the organization institutionalize the changes. Refreezing throughout the transition period. When techniques may include Burning bridges are the two keys you are managing change, this can i.e ensuring there’s no turning back, get require a great deal of time and effort employees looking into the future by and hands-on management is usually introducing new challenges and reward to success for the best approach. Leadership is also alignment on seeing desired behaviors. an important aspect especially where a the changes whole organization change is involved. By recognizing these distinct stages Coaching, counseling and other kinds of of change, an organization can plan to occur support will often be very helpful. 30 KENYA PARLIAMENT Magazine - April 2013 Mr. President

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1. H.E Mwai Kibaki cuts the tape to mark the opening of the refurbished National Assembly Chamber on August 7, 2010

2. H.E Mwai Kibaki presents a copy of the constitution of Kenya that was promulgated at Uhuru Park to speaker and the clerk of National Assembly on August 7, 2010 3. Immediate former Clerk and Senior Deputy Clerk of Kenya National Assembly Mr. Patrick Gichohi and Mr. Peter C.O. Omollo cut a cake during their retirement party. Looking on is the Speaker of 10th Parliament Hon. Kenneth Marende

KENYA PARLIAMENT Magazine - April 2013 31 Pictorial

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1. H.E. Mwai Kibaki logs in logs into the parliamentary electronic voting system in the refurbished chamber after the official opening. Looking on is (former) Speaker of Kenya National Assembly Hon. Kenneth Marende and Clerk of the National Assembly Patrick Gichohi.

2. Senate staff pose for a picture after their very first all Senate staff 3 meeting in preparation of the opening of the House of Senate on Monday, 11th March, 2013.

3. The Sergeant at Arms lead a procession in to the new chamber

4. The Speaker of the 10th Parliament Hon. Kenneth Marende awards a service medal to the retired Clerk of Kenya National Assembly Patrick Gichohi

5. Former Speaker of Kenya National Assembly Hon. Kenneth Marende stands in honour after laying a wreath at the Ninoy Aquino Monument on a visit to Manila Philippines. Accompanying him is Secretary of Energy and Natural Resources of Philippines, Ramon J. P. Paje

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KENYA PARLIAMENT Magazine - April 2013 33 1

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1. Senior staff of SUNY and National Assembly with SUNYKenya Junior fellows class of 3 2012 during induction, March 2012 at Intercon

2. The Clerk of Senate, Mr. Jeremiah Nyegenye (right) engages a group of Kenyans whom a Parliamentary delegation on official visit found performing at Subic Bay Ecotourism Centre, Philippines

3. Immediate former Clerk and Senior Deputy Clerk of Kenya National Assembly Mr. Patrick Gichohi and Mr. Peter C.O. Omollo cut a cake during their retirement party. Looking on is the Speaker of 10th Parliament Hon. Kenneth Marende.

34 KENYA PARLIAMENT Magazine - April 2013 The Role of Parliamentary Diplomacy in Foreign Policy contd. from pg. 25

The role of Parliament in the formulation to handling foreign affairs, internal of program statements, pre-agenda of foreign policy is a quite complex issue. pressure of public opinion, the need for discussion, tabling of a report on It’s the subject of various scientific transparency, and great influence of the foreign and local trips and approval studies and concerns many other media. of the budget). bodies of public life. It can be studied through compensated prisms, within Foreign policy is exercised by the (b) At the diplomatic level: There the field of constitutional law, political Executive (government), in a way are three areas of intervention by science, and international relations. more or less monopolistic, as a Parliament: remnant of the culture of absolutism • In bilateral diplomacy, which aims to The duties and actions of Parliaments in and centralism. The political forces strengthen cooperation with other the foreign area are condensed into what agree on foreign policy issues, so that Parliaments and thus to strengthen is called parliamentary diplomacy and their implementation will be more the ties of people. The development there is no precise definition of this effective. In addition, Parliament shows of this sector contributes to the concept. However, its interdisciplinary its interest through parliamentary broader strengthening of relations character makes it easier to approach control, frequent meetings of familiar between Kenya and other countries. in two levels of analysis. The first is watchdogs, departmental, select and • In multilateral diplomacy, through related to its legal nature and deals ad hoc committees by enhancing the parliamentary delegations, either with the examination of the institutional involvement of parliamentarians in in parliamentary meetings of competence of regulated Parliament in foreign affairs. international organizations, or in the area of international relations of international parliamentary bodies the country. The second level, relates to A significant parameter influences (Inter-Parliamentary Assembly) in its political nature which refers to the the parliamentary diplomacy and is conference diplomacy, usually held at broader political role of Parliaments in the essential content of its foreign the level of Presidents of Parliaments the implementation and formulation policy, i.e. the national priorities and and parliamentary delegations or of a country’s foreign policy. If well international weight of country. Of meet the needs of both bilateral combine, these two levels, can introduce course, countries with a high position in and multilateral diplomacy. Such an initial description of parliamentary the international community emphasize meetings are regional or international diplomacy as the activities carried out both on the development of diplomatic in nature and focus on various range by Parliament in international relations, services, and the relevant parliamentary of topics. both within the limits of institutional committees. This category includes the • In Kenya meetings, which may competence and as a central factor of Kenya, which has developed very strong resemble those of diplomatic internal political scene. parliamentary committees to monitor conferences, but have a peculiar governmental options. character. They operate in a manner The wider role of the Parliament more or less institutionalized in in the system of a country’s Finally, the intervention and involvement practice and in the procedures and foreign policy varies, depending on of Parliaments in foreign policy issues practices which was heavily borrowed the historical origins of the country, occurs at two levels: from the House of Commons in its political system and the overall United Kingdom. position in the international arena. (a) At the institutional level, especially in three particular contexts: Finally, according to the analysis above, A first set of parameters relate to • In the legislative process: with the we can conclude that contemporary the form of government that defines ratification of international treaties forms of parliamentary diplomacy the role and authorities of various and enactment of laws relating to operate within informal groups, such as institutions. Several authors consider the sovereignty, security, and state inter-parliamentary cooperative or ad that one-party or authoritarian regimes security. hoc inter-parliamentary ones and they act in foreign policy in a more or less • Under the usual parliamentary will become the sophisticated tools arbitrary manner, undisturbed by control: the use of means at their of progress and maturation of inter- any internal reactions. Some others disposal (questions, the plenary, parliamentary cooperation in a world argue that in democratic regimes the committees, censure). that needs to be globalized, above all, powers of legislators are substantial, • Within the broader political role: the interdisciplinary, intercultural but mostly since the possibilities of governmental holding of meetings and discussions participatory. control are wider. However, they add on foreign affairs on various that Parliaments are more vulnerable occasions for instance, submission

KENYA PARLIAMENT Magazine - April 2013 35 TheThe HHansardansard Oldest Record of the House Bound to Change By Peter Oscar Nabulindo

he Hansard is the official report of they soon fell in trouble with the law. Mr. the proceedings and debates of a Cobbett and of Hansard’s sons Thomas Tlegislature of the Commonwealth. Hansard faced the charges of seditious It is an edited record of all parliamentary libel and were imprisoned. Cobbett’s debates, votes, Ministerial Statements financial situation deteriorated and he and oral answers in the House. sold the rights of publishing to Thomas Curson Hansard in 1832. From then the In most of the Commonwealth parliament name Hansard appeared in the title page House Committees are routinely of all copies being produced. In 1909 a covered by the Hansard and especially Select Committee was established to investigatory committees. The mandate examine the arrangements for reporting of the Hansard is to provide a verbatim House Proceedings. The Committee account of day-to-day proceedings recommended the creation of a report of the House or Plenary and also in with terms of reference which stated selected committees. This is accepted as that it should be a full report, in the first the most authentic record of the House person, of all Speakers alike. The official and is referenced to by the Judiciary, report was then born, the name. Executive and the private publics, interested in parliamentary business. Hansard continued to be used. As a result of the Select Committee’s manner Brief History recommendation, the operation was using rudimentary equipment thus House proceedings have transformed taken over by the House of Commons, making the production a tedious and since Hansard’s inception. Parliamentary which appointed its own staff. When laborious activity. From the 1950s proceedings were shrouded in secrecy Parliament took over the production of to the 1980s the transcription of and not for public consumption , reports the House report, then name Hansard Hansard reports was done using of proceedings were difficult to locate was dropped. It was again brought back manual typewriters. Production was and invariably incomplete nor accurate in use in 1943 when it was realized that painfully slow and even performing representation. It was believed that the name Hansard was synonymous simple operations like spell check and Hon. Members were bound not to act with House records. This is because the correction was a challenge. Commonly a in the best interest of the country or name had been used for a long time spelling mistake could lead to distortion constituents due to pressure and public and popularly adopted in Canada and of the report which even necessitated scrutiny. This desire to protect the Australia. the repeat of the whole exercise. independence of Members from the influence of the electorate meant that Production Process of the Hansard in Going forward, technology and no reports of parliamentary proceedings the Kenyan Parliament equipment in the Hansard unit was were kept .The publication of anything improved and computers introduced, said in the Chamber was treated as Kenya a Commonwealth country adopted computer software however, was not breach of parliamentary privilege and these procedures and processes in its customized to cater for the specific therefore punishable. Parliament at inception and to date. The needs of the Hansard. The software Hansard recording is common in all the commonly used was MS Dos. This Initially, the records were published by Commonwealth parliaments. In the early software that was one of the most William Cobbet who granted publishing years of Independence the production of popular though not as user friendly rights to a family company owned by Luke the Hansard was done in a rudimentary as Windows 95 and software that has Hansard and his three sons. However,

36 KENYA PARLIAMENT Magazine - April 2013 followed. This software had a myriad of limitations including the inability to switch between multiple running programmers’, limited memory and incompatibility with current browsers and internet operations. Nevertheless, Hansard production went on despite these challenges.

The Hansard Production The actual production of the Hansard is a lengthy process incorporating a number of processes and procedures. At the centre of this process is the Reporter. The Reporter is an integral person in the production of the report. The Reporter goes to the Chamber or Committee sessions and physically takes notes on what is actually taking place but cannot otherwise be captured by recording. The Reporter will therefore note the name of the person speaking, who is chairing the session and any incident taking place in the Chamber or Committee session. Remember that all this time, recording is ongoing and is done in segments of ten minutes or fifteen minutes for each Reporter. After the Reporter has taken his/her notes, it is time for transcription. Since time is of essence in the production of the Hansard, the Reporter settles down to transcribe the recorded segment.

A Reporter has to be equipped with audio-typing skills with a typing speed of over 80 words per minute. After transcription, proof- reading and setting of the text to the required house standards incorporating Parliamentary procedures the Reporter may forward his/her work to the Sub-Editor. The Reporter may only forward his text if and only if he is convinced that it’s the true record of the proceedings of the session.

The Sub-Editor’s responsibility is to go through the transcribed text against the recorded text correcting obvious mistakes, checking the procedures and verifying that it is what the Member said and that the meaning has not been changed. The Sub-Editor may edit the transcripts of two or more Reporters depending on the establishment of the institution. After being satisfied that the transcripts are correct and having inserted the correct procedures, the work is then forwarded to the Senior Editors. Editors are responsible for ensuring that procedures as indicative and correct and there is a flow of text in the transcripts. The edited transcripts are then forwarded to the Mergers who will merge or join them into a complete document for the sittings day or session. The final editing of the whole document is then done by the Hansard Editor. The Hansard Editor, after being satisfied by the Hansard of the day or the week, will forward it for printing.

The above process is an indication that the Hansard is a thoroughly processed document and can boast of accuracy and can be relied upon by the House, the Committees or any client making use of the Hansard services. Further, to enhance the accuracy of the document, the Hansard unit endevours to ensure that Members who spoke in the House have a chance to correct their speeches but not in a way that will change the content of the speech. The Member is supposed to confirm whether the Hansard given to him is the correct version of what he or she said.

Contd. on pg. 41... KENYA PARLIAMENT Magazine - April 2013 37 Towards Engendering Kenya’s Leadership and Governance Systems; Role of Women Representatives: By Njenga Njuguna

INTRODUCTION he Constitution of Kenya, leadership arenas, gender perspectives Article 98 (membership of the Senate) 2010 significantly expands on the challenges facing women states: `that the senate consists of Tthe role and space of women and girls will be mainstreamed. Most 16 women members who shall be in leadership and governance. It communities in Kenya are traditionally nominated by political parties according gives women more opportunities to and historically predominantly participate effectively in decision patriarchal (a man’s word). Thus the making nationally and in the devolved constitutional requirement (Article governance structures. The challenge 81(b) that all elective public offices now is for women aspiring for elective should have at least one-third (30%) of The constitution leadership positions to come out and either gender represented in all cadres compete with their male counterparts is expected to progressively address in other electoral spaces besides those these long held cultural biases that (Article 81(b) set aside for them. have worked against women over the decades. requires that all Although Kenya is a leading African state in many respects, it however lags The constitution outlaws discrimination behind others in terms of women’s in all aspects and provides for equal elective public role and position in national leadership treatment for all persons irrespective of and governance. For example, since gender, sex, creed among others. offices should independence in 1963, the highest number of women legislators (a mere WOMEN REPRESENTATIVES 9% i.e. 22, out of 222, elected and Article 97 (1) that provides for the have at least nominated members) ever recorded was composition and membership of the in the just dissolved, Tenth parliament. National Assembly states in 1(b) one-third (30%) Others states in the region have far that the National Assembly consists higher numbers led by Rwanda with of 47 women each elected by the of either gender over 50 % of legislators being women. registered voters of the counties; each county constitutes a single member Under the new dispensation, it is constituency. represented in all expected that through the expanded role of women in the political and other cadres 38 KENYA PARLIAMENT Magazine - April 2013 to their proportion of members of the the enactment of legislation positions in parliamentary committees, Senate in accordance with Article 90. which guarantees equal access especially those dealing with national to opportunities and resources. strategic policy issues such as budget, Furthermore, Article 100 provides These leaders will have to actively national security, justice and legal for Parliament to enact legislation participate or initiate the passage affairs, agriculture, health and housing. for promotion of representation in of specific legislation to facilitate parliament of among others marginalized the women in all sectors Conclusion groups; women, youth, persons with As Kenyans prepare to vote in the disabilities, ethnic and other minorities Engendering the Budget March 4, 2013 General Election, Political and marginalized communities. Their engagement and critical parties must help to breath more live to Role of Women Representatives in analysis of policy proposal from the the Constitution. Presidential aspirants Parliament executive branch, through relevant and their parties should spearhead While these roles are disaggregated or parliamentary committees will be a campaigns for nomination of as many defined as women’s’ they are in real critical factor to ensure critical policy women candidates as possible for sense the role of every parliamentarian. pronouncements by the executive is various elective posts, and also include They are better viewed in the wider in tandem with the constitution (bill many more in the party lists as part of arena of the role of Parliament (Article of rights) and international covenants the effort to fulfill the one third gender 94), the role of the National Assembly and agreements Kenya has ratified provision in the constitution. (Article 95) and the role of the Senate are effectively implemented bearing a (Article 96). gender-disaggregated programming. There is a general trend that shows that in societies and communities Nevertheless, women leaders have a Vetting of appointees: where women are appreciated more reason to take an interest and leading They will be at the forefront in ensuring and take active role in leadership and role for historical and cultural reasons appointees to various offices adhere governance; there is a corresponding these roles include but not limited to:- to the one-third gender rule, not only rise in economic development, peace in elective offices but also appointive and general family well being. Despite Legislation positions by the executive; the odds against them, many women As parliamentarians, women Promotion and representation of aspirants must also come forward representative in conjunction with other marginalized groups and minorities and seek positions of influence. leaders will be responsible for passing among them women, persons with Development is normally not lineal but laws that would possibly impact on the disabilities, the youth, the elderly, progressive involving back and forth lives of Kenyans and fellow women in ethnic minorities, nationally and within spasms. Kenya will be much better, particular, within the confines of the counties; equitable and peaceful nation with constitutional framework. For example, more women leaders in positions of there is an urgent need to repeal Protection of the constitution, influence in leadership and governance. existing laws and outlaw customs and democratic governance and rule of They should never ever give up. practices that discriminate against law: women in relation to access to Ensure that the Constitution and other The Parliamentary Service Commission resources, especially land; laws are not violated and everyone is in the process of expanding the policy is treated equally before the law and research staff to help members and Through private or party sponsored irrespective of status, respective for parliamentary committees carry out motions and bills, women leaders the principles of separation of powers, their legislative and oversight mandate can formulate or advocate policy checks and balances among the three effectively under the new Presidential stances that have the biggest arms of government; system with clear separation of powers. impact on their gender and family Parliamentary committees will be the friendly-social infrastructures, Creating pathways and role modeling key policy and oversight arena in the particularly such as education, for girls and other women; new dispensation. health, housing, income etc. Their key concern is to ensure Bringing decency and human face to bill analyses are carried out on the Kenyan politics: the impact of various legislations Engendering politics. Women , unlike before the two Houses on these most men always factor in their families social segments; in policy and decision-making; Taking active role including leadership Besides education, empowering girls and women also involves KENYA PARLIAMENT Magazine - April 2013 39 Adoption of Sessional Paper a step in the right direction By Mugo Kibati

hey say a journey of a thousand and national development guiding miles begins with a single step. policy framework and ensure it is TIn Kenya, the journey towards sustained up to 2030. implementing Vision 2030 has over time continued to epitomize this Even more important for me, is the Chinese wise saying. fact that the Sessional Paper adoption has helped deliver Vision2030 to the The journey towards ensuring the hands of the public. The adoption of legitimate implementation of Vision the Sessional Paper by the people’s 2030 received a much-needed shot in elected representatives means that the arm from the National Assembly. Vision 2030 is now a people driven Through it, the Kenyan people will believe development blueprint. in, own the Vision, and thus ensure its successful implementation. From where I sit, I do salute the Cabinet and Parliament for a job well done in Following the tabling of Sessional Paper passing Sessional Paper No. 10 of No. 10 of 2012 on , 2012 to pave way for the legislative Parliament proceeded to decisively institutionalisation of Vision 2030. The debate and unanimously adopt the paper leadership role played by both President it into national policy. The adoption came Mwai Kibaki and Prime Minister Raila hot on the heels of the Cabinet approval Odinga is also noteworthy and one during its November 22nd, 2012 sitting. that I am very proud to be associated This Sessional Paper will now play a key with. role in providing a legitimate anchor for Indeed, with the adoption, Vision Vision 2030 as the country’s economic 2030 is now a national development policy and not just a strategy paper. The adoption of Sessional Paper No. 10 of The adoption of the sessional paper by the 2012 effectively paves the way for the sustainable implementation of Vision legislature in their capacity as the people’s 2030.

representatives now provides the much-needed A key tenet of the Vision 2030 anchor for Vision 2030 to be a people driven is underpinned by the fact that it transcends any government of the process. day and therefore must be owned by Kenyans of all cultures, races, religions and geographical locations.

40 KENYA PARLIAMENT Magazine - April 2013 The Hansard contd. from pg. 37

Embracing modern technology depleted, the system operators may on a timely basis, sometimes on the In its quest to comply with the changes increase the memory capacity to the same day and sometimes within a few taking place in Kenya and specifically required levels. hours. Others offer text summaries of in Parliament, the Hansard Department floor actions in near real time using through the administration of the Digital Recording sophisticated recording and transcription National Assembly of Kenya has installed Parliamentary documents such as technology. a state of the art equipment facilitated committee reports and texts of debates by a renowned company; the Jefferson and hearings are fundamental records Overall, there is a lack of understanding Audio-Visual Systems (JAVS). The system of the legislature. These documents regarding the range of technologies is designed to enable the Reporter view must be prepared quickly, efficiently and being used around the world for the proceedings of the House from his or accurately. They must be distributed recording and publishing parliamentary her PC. Powerful ultra-modern cameras easily and then amended, revised proceedings; the benefits and drawbacks are installed in the Chamber and and redistributed just as easily. They of each approach; which technology is Committee Rooms at vantage positions must be archived effectively to ensure more appropriate for a specific context, and video pictures stream to the PC availability and long-term preservation. taking into account the income level, where a reporter is able to open his The has embraced disparities as well as language and segment and view pictures and listen to modern digital recording methods that cultural differences among countries; the sound. Equipped with the necessary will ensure timely availability of such and what opportunities for bilateral or skills and equipment the Reporter is legislative records is a key ingredient for a multi-lateral parliamentary cooperation able to transcribe his segment without more open, transparent and accountable exist, regardless of the development necessarily having to walk to the legislature, and therefore a cornerstone level of each parliament. All in all the Chamber. Therefore, this system has of healthy parliamentary democracies. Parliament of Kenya is at the forefront done away with the “shuttle diplomacy”. in terms of technological advancement The JAVS system is accompanied by a A number of parliaments have made to improve the production of verbatim modern server that is able to store data highly effective use of ICT to provide reports in the plenary, in the committees for years without clogging and even in accurate verbatim accounts of debate and in the field. the unlikely event that the memory is in plenary sessions and in committees

Buoyed only by the goodwill of the Beyond constitutional alignment, the capacity as the people’s representatives government of the day, the Vision 2030 draft Bill will incorporate elements such now provides the much-needed anchor strategy and policy framework has been as the National Values and Principles for Vision 2030 to be a people driven in application since the year, 2009 of Governance. National Values and process. without formal discussion and adoption Principles of governance as espoused by Parliament. in our constitution remain fundamental The government acknowledges that ingredients to ensuring the success of sustainable development in Kenya can Such application and implementation Vision 2030. be achieved through good governance; without the much-needed legislative founded on integrity, transparency and authority has always meant that; though These values though routinely ignored accountability. All this, while ensuring robust, Vision 2030 hitherto lacked the hold a prime position in our constitution non-discrimination and protection of necessary legal framework muscle. as they provide the preamble to all other the marginalized, inclusiveness and the articles. respect and upholding of human rights However, the parliamentary adoption and human dignity for all citizens for the of the Sessional paper now opens the In its core formulation, Vision 2030 attainment of equality, equity and social doors for further strengthening of the focused on the fundamentals of justice. national policy. development through the Social, Economic and Political pillars alongside As this journey progresses, I am convinced Among other steps, we at the Vision an auxiliary pillar known as the Enablers that the rule of law, the sharing and 2030Delivery Secretariat (VDS) shall and Macro Pillar, covering projects, devolution of power, and democracy shall now move fast to conclude elements interventions and initiatives whose anchor the participation of the people such as the drafting of a bill to anchor the impact ultimately cuts across all the and every citizen’s patriotic pursuit of policy. The drafting of the bill arises from other three pillars. national unity. the need to ring fence Vision 2030 and to ensure the continued implementation From this perspective, the adoption of the Mr MugoKibati is the Director General, Vision of the Vision through successive regimes. sessional paper by the legislature in their 2030 Delivery Board. [email protected]

KENYA PARLIAMENT Magazine - April 2013 41 Some of Kenyan Women Parliamentarians in Kenya Women Parliamentary Association (KEWOPA) retreat Women Parliamentarians Moving Legislation in the 10th Parliament Peter Oscar Nabulindo the UN. Unfortunately, most of this has ince 1969 when Kenya registered it is baffling to note that the level of proved to be a tall order for most African Sher first woman representative, representation is still low. countries because only three countries the level of representation of women have achieved this target. These are legislators has been increasing steadily The United Nations Target Mozambique, Rwanda and South Africa. with the 10th Parliament recording In 1997, the member States of the However the most successful country the highest number ever. Southern African Development in matters of women representation Community (SADC) adopted a is Rwanda. Rwanda has recorded Out of the 222 Members of Parliament, declaration on Gender and Development tremendous strides and achievements 22 are women; 16 being elected and 6 that required each country to achieve in terms of women representation. This nominated. This represents about 9.8 the target of at least 30 per cent is a big achievement considering that per cent of the total number of Members women representation in decision- the country is still recovering from a in the House. This percentage falls short making portfolios by the year 2005. This horrifying genocide that shook the of United Nations target of 30 per cent was in resonance to the target set by whole world to its core. Nevertheless, representation of women in politics. The low representation of women in our Parliament is indicative of the limited The 10th Parliament has spearheaded the greatest decision-making opportunities available for women to be able to articulate issues reforms in the by overseeing the affecting women and Kenyans in general. writing of the Constitution and the passage of the Since women represent and important constituency in this country in politics relevant legislation to facilitate implementation of and also considering the population the Constitution as stated in the Constitution itself trends place them at a vintage position, 42 KENYA PARLIAMENT Magazine - April 2013 it has become the a leading country in women achievers are referred to as “she where women issues were initially the region and in the whole world on its is like a man”. handled by men on behalf of women. gender parity index which now stands Women leadership across the country at 56 per cent women representation The new dispensation had never been warmly embraced in Parliament. Although this country The promulgation of the Constitution despite the level of enlightenment in the has achieved this record breaking on 27th August, 2010 has opened modern Kenya. achievement, some theorists or writers up a whole new world for women like Christopher Kayumba, University of and leadership in this country. The As envisaged in the new Constitution, Gothenburg Sweden attribute this rare new Constitution gives women more there are numerous benefits for women phenomenon in African to the genocide opportunities to participate effectively of Kenya in terms of representation in all of 1994. The devastating genocide in decision making nationally and in spheres. Apart from job opportunities and almost wiped out men from the face of the devolved governance structures. A elective positions, women can now own Rwanda. As a result there was a vacuum full implementation of the Constitution land. This is just one of the many benefits in all sectors including politics and will be realized after the next General that will be realized as the Constitution leadership. Automatically women took Elections. This country will witness a is implemented. Currently, the one-third up position to guide the broken society. gender rule has been implemented This gave them the chance to put in almost all the Commissions and forth gender issues and embarked on other constitutional bodies including a campaign to embrace gender equity the Supreme Court, the Commission instead of tribal equity. Kenya like on Revenue Allocation (CRA), the Commission for the Implementation of Kenya like many African countries is many African the Constitution (CIC) and the Salaries still struggling with the issue of women and Remuneration Commission among representation and gender equity. The countries is others. 9 per cent representation of women in Parliament is far much below par. still struggling Parliament of Kenya is one of the This is largely due to the fact that institutions that will realize major politics in Kenya are not friendly or with the issue achievements in the representation of favourable to women. Women in politics women and other disadvantaged groups encounter major challenges in their of women like the disabled. The National Assembly quest for political leadership. Since will have 290 elected Members, 47 Independence, it has been an uphill task representation Female County Representatives and 12 for the womenfolk to climb the ladder nominated Members. This brings the of leadership in this country. The major and gender total to 349. The Senate will be made up challenges encountered by the women of one person elected from each county politicians are attitudinal, cultural and as well 21 nominated Members including structural. equity at least 16 women, two Members representing young people, a woman These emanate out of our cultural and a man, two Members representing backgrounds which are patriarchal in people with disability, a man and a phenomenon never experienced before. nature and hence encompass numerous woman, and the Speaker. The elections will open doors to extensive gender stereotypes. Another challenge is political participation by women in economic disparity. Many cultures view The Constitution, under Chapter 8, also various leadership positions. Chapter 7, the work of raising children as that of commits political parties to ensure that Article 81(b) of the Constitution provides women with men being assigned minimal for every three party members presented that “not more than two-thirds of the roles in the home. In Kenya just like many to vie for political office, one must be a members of elective bodies shall be of the African countries, women who venture woman and if she fails to be elected, same gender”. This provision is expected into politics often have to perform both a woman must be nominated by the to radically and dramatically change the duties. In work places, for women to gain party. As foreseen and as intended, the leadership of this country forever. The positions of authority, they have to be percentage of representation of women political representation of women will over-qualified to be noticed. This means and other special groups is expected to never be the same. Therefore, problems that the society perceives women increase tremendously to adhere to the of representation in key government to be “not as good as men” for some United Nations requirement of at least bodies will become a thing of the past. positions. That is why in most cases 30 per cent representation. Kenya is a largely patriarchal society

KENYA PARLIAMENT Magazine - April 2013 43 Achievements of the 10th 21 Hon. Prof. - MP, Eldoret East Parliamentary business and also address Parliament 22 Hon. Beth Mugo - MP, Dagoretti various issues affecting women. Since its As we look forward to the new *Names not in any particular order* inception KEWOPA has made tangible dispensation, it is prudent to take stock of gains and these are just but a few of The 10th Parliament has spearheaded the achievements of women legislators in them:- the greatest reforms in the history of the 10th Parliament. The 10th Parliament, • 2008/2012 – Gender mainstreamed Kenya by overseeing the writing of for the first time since Independence, the Standing Orders of Parliament; the Constitution and the passage of has registered the highest number of • Gender responsive Budgeting the relevant legislation to facilitate women legislators ever. Although the Guidebook for Parliament implementation of the Constitution percentage is far much lower than the • Successfully lobbied on the as stated in the Constitution itself. UN target, these legislators proved all establishment of the Parliamentary In the centre of these pompous and their critics wrong when they embarked Committee on Equal Opportunities and noble activity bestowed upon the 10th on their mission of legislation. Since the developed its 2009 Strategic Plan. parliament, were women legislators. The acrimonious swearing in of the Members contribution of these legislators cannot of the 10th Parliament on 15th January, Women Leadership in Parliament go unnoticed especially considering that 2008, women legislators have surpassed 2008-2010: Speaker’s Panel most of them made outstanding and all expectations in the performance of - Hon. Prof. Margaret Kamar critical contribution to the Constitution their duties of legislation, representation 2010-2012: Speaker’s Panel all levels. Kenyans will remember that and oversight in all sectors through - Hon. Dr. Joyce Laboso while in Naivasha, during the debate Committees and in the Plenary. Despite 2012: Labour and Social Welfare Committee on the Constitution, women legislators the fact that under representation is a - Hon. Sophia Abdi Noor - Chairperson burnt the midnight oil, just to make major hindrance to the women in terms 2012: Lands and Natural Resources sure that clauses touching on women, of articulating various legislative agenda - Hon. Peris Chepchumba - Chairperson children, youths and other disadvantaged for women and for their constituents, 2012: Committee on Delegated Legislation groups are given utmost significance most women legislators have performed - Hon. Amina Abdalla - Chairperson in the Constitution. This objective was above average and their achievements 2012: Committee on Implementation achieved. are unprecedented in the history of - Hon. Joyce Laboso - Vice Chair Kenyan Parliament. Therefore, it is 2012: Constitutional Implementation Oversight Here are some of the achievements of astonishing that despite the outstanding Committee women legislators in the 10th Parliament performance exhibited by women - Hon. Millie Odhiambo-Mabona - Chair in terms of Bills and Motions. legislators over the years, few women 2012: Catering Committee  The National Authority for the Campaign make to Parliament. - Hon. Shakila Abdalla - Vice Chair Against Alcohol and Drug Abuse Act, 2012 – Hon. Amina Abdalla These are the women legislators of the Conclusion  Prohibition of Female Genital Mutilation Act, 10th Parliament:- If the National Assembly is to be seen to 2011 Hon. Kapondi on behalf of KEWOPA exist as a useful tool for spearheading 1 hon. Linah Jebii Kilimo - MP, Marakwet East  Public Benefits Organization Bill, 2012 unbiased advance in the human 2 hon. Sophia Abdi Noor - Nominated MP – Hon. Sophia Abdi Noor structures, systems, processes and 3 hon. Cecily Mbarire - MP, Runyenjes  The Social Assistance Bill, 2012 procedures then there has to be an 4 hon. Peris Chepchumba - MP, Eldoret South – Dr. Joyce Laboso attempt towards an effective gender 5 hon. Shakila Abdallah - Nominated MP  The Breastmilk Substitutes (Regulation and responsive distribution and sustenance 6 hon. Rachael Shebesh - Nominated MP Control) Bill, 2012 – Hon. Beth Mugo of the inherent opportunities. 7 hon. - MP, Gichugu  The Statutory Instruments Bill, 2011 8 hon. - MP, Central – Hon. Amina Abdalla The fact that there is high number of 9 hon. Dr. Naomi Shaban - MP, Taveta  The Ratification of Treaties Bill, 2011 women in Parliament today shows that 10 Hon. Amina Abdalla - Nominated MP – Hon. Millie Odhiambo Kenya is headed towards the right 11 Hon. Esther Murungi - Nyeri Town  The Counter-Trafficking in Persons Bill 2010 direction of embracing women leadership 12 Hon. Dr. - MP, Aldai – Hon. Millie Odhiambo and governance. It is also important to 13 Hon. Elizabeth Ongoro - MP, Kasarani note that Kenyans generally have come 14 Hon. Beatrice Kones - MP, Bomet The Women parliamentarians in Kenya of age and now do appreciate women 15 Hon. Bishop Margaret Wanjiru - MP, Starehe belong to an association called the in leadership and in the near future, 16 Hon. Wavinya Ndeti - MP, Kathiani Kenya Women Parliamentary Association we might be witnessing unprecedented 17 Hon. Prof. Hellen Sambili - MP, Mogotio (KEWOPA) which was formed in 2001 by scenarios in Kenya like the election of a 18 Hon. Maison Leshoomo - Nominated MP the women Parliamentary who were in woman to the presidency. 19 Hon. Joyce Laboso - MP, Sotik Parliament then to solidify their voices 20 Hon. Millie Odhiambo-Mabona - Nominated MP and consolidate their influence on

44 KENYA PARLIAMENT Magazine - April 2013 Women Make a Mark in Parliament as the numbers increase By James Ginono

enya’s struggle for constitutional resources in peace without squabbling in general – is the issue of efficiency: the reforms has its roots in the due to ethnic persuasions and as a result expectation that decentralizing functions Kdesire to correct deficiencies of political dominance by a few elites. to the lowest feasible level of decision in its post-independence governance making and implementation will optimize framework which was premised upon Most wonder if devolution will also mean information flows and reduce transaction the highly centralised system started decentralized ethnicity by ensuring that costs. in the colonial days and which restated clannism becomes the next frontier in the discriminatory policies of colonial the devolution agenda. It would also Thus, a decision to devolve is often based government. mean transfer of inefficiencies from the on the failure of central government to national level and the risk of replicating deliver, such as in revenue collection or It favoured certain sectors of the national elite capture of devolved levels. in service delivery. Devolution has further economy while undermining others been seen as an avenue to democratic through policy and legislation. In A consequent question would be whether deepening within an enterprise, with keeping with the dominant centralized the shift from the mega corruption of constitutional or legal boundaries development model of the time, the the national elite to the multiplied loci diminishing friction with the centre state situated itself as the main agent of of the petty corruption of sub-national that could otherwise undermine the development. elites represents a net saving or cost for enterprise. service delivery. The question that critics of devolution And since Kenya was one of the most in Kenya pose is if the people of Kenya Among the more prominent arguments for centralized states in the world until are ready to live in harmony and share devolution – indeed, for decentralization the promulgation of the Kenya 2010

FIDA Kenya KEWOPA MPs Training

KENYA PARLIAMENT Magazine - April 2013 45 Constitution. It had an executive with since the demands for delivering the government to become all powerful and the greatest concentrations of power. traditional Bill of Rights in national • The fourth and last could be called This feature was a legacy of colonialism often require extraordinary institutional. Co-ordination at the and therefore not suitable for a country outlays, devolved governments can be local level is necessary and local with such diversity. superior to national ones in providing public services cannot and would the means with which to secure the not be treated independently. Centralization resulted in the neglect of rights and interests of social minorities Local government can co-ordinate the problems of many communities and and marginalized groups. The measure these services much more easily regions. This system was characterized offers a sustainable means, even if only than a national government would. by the unwillingness and inability to implicitly so, of providing affirmative exploit economic opportunities in many action or positive discrimination for such However, through devolved systems of parts of the country and the exclusion marginalized groups. governance a second tier of government of many groups from the participation in has been introduced where the local and benefits of state policies. Therefore Devolution opens up populace will directly participate in possibilities and opportunities; it will alter prioritization of developmental agenda This system aggravated the country’s the structures of power and decision in their locality and this participation ethnic and social tensions because it making, and disperse power. But by itself will inform equitable distribution and is widely perceived that the benefits it will not change the circumstances utilization of funds in the local level of development have gone largely to of most Kenyans. The details must leading into the pursuit of long-term communities affiliated to the President. be carefully designed, relying on prosperity. Institutions and policies that In this way the centralized state professional advice in the best interests promote a level playing field where hampered both nation building and of the people and not the interests of all members of society have similar economic development because wealth the politicians. It will be necessary to chances to become socially active, distribution is closely correlated with so design the structures that national politically influential and economically social distinctions that stratify people, and regional governments and leaders productive thereby contributing to communities and nations into groups will be compelled to greater openness sustainable growth and development will that dominate and those that are and accountability. Devolution will also be achieved. dominated. require changes in people’s attitudes towards others, and other communities, Therefore greater equity is thus These patterns of domination persisted a new style of leadership and greater doubly good for poverty reduction and because economic and social differences engagement in public affairs on the part minimizing structural conflicts; through have been reinforced by the overt of the people. potential beneficial effects on aggregate and covert use of power by elites. The long-run development and through Elites have protected their interests in Further the critics argue whether greater opportunities for poorer groups subtle ways by exclusionary practices in devolution will help the country to within the society. And so Chapter marriage and kinship systems, aggressive achieve the Millennium Development 11, parts of Chapter 12 and the Fourth political manipulation and explicit use of Goals and vision 2030 and if the policy Schedule, the CoK 2010 is true to the violence. of devolution falls in the ambits of the theory and empirical evidence of good Country’s Vision 2030. According to the devolution frameworks. First, it is founded Such overlapping political, social, cultural World Bank (1989, pp. 71-2) there are on the supreme law of the land. Second, and economic inequalities have stifled four arguments in favour of devolution, the Constitution is clear on relative roles mobility. They have been hard to break namely: of the different levels of government, because they are so closely tied to • The first is based on the assumption and on the assignment of expenditure the ordinary business of life. They are that the demand for local public and revenue. The emphasis on equity perpetuated by the elite, and often services varies from place to is critical for Kenyans to appreciate internalized by the marginalized and the place. Only decentralized provision the structural changes that must occur oppressed groups, making it difficult for of local services will adjust to in budgets, for example, if the very the poor to find their way out of poverty. the multifaceted demands; ambitious but nonetheless timely Bill of • Second is efficiency. It can be Rights is to be fully achieved. Therefore Inequality traps can thus be rather stable, argued that locally financed and devolution will only be meaningful in tending to persist over generations. produced services will cost less; terms of addressing the Kenyan conflict Indeed, while devolution – and federalism • The third is of a political nature. Local if these principles are injected into and – can respond to heightened ethnic government is an important training nurtured within county governments. differences, it is important to recognize ground for democracy. Stronger its limitations as a solution that contains, regional or local governments can rather than eliminates, diversity. Further, control the tendency of central

46 KENYA PARLIAMENT Magazine - April 2013 Pre-Retirement Anxiety Parliament’s Interventions

By Meshack Ogoma

Giving retirees monetary assistance alone might not solve their problems because they may not have necessary skills and strategies of managing resources

Retirement, although necessary and t’s quite common these days for your writing that constantly defines and unavoidable, comes with multiplicity of retirees to flit between paid, and affirms every day what you are. So what part time work during retirement. are the little things you can do to leave problems-frustration, anxiety and job I security deprivation. Giving retirees And, some people find that they a little mark after leaving this wonderful are not quite ready to give work up place? The answer is start planning for monetary assistance alone might not completely. The word Retirement your retirement now. solve their problems because they may sounds so wonderful and far off before not have necessary skills and strategies one retires, but after retirement, reality If you conduct a survey even in Parliament of managing resources. Counseling and hits home. it will show you that many would like to education are the only safe ways to get retiring workers out of the pre-retirement When one is in his or her early 20s, you work even after their retirement age has problems. tend to think that retirement age is still reached. It is a given fact that many have occasionally rushed to The Speaker, far away. Of course when one sees fellow We should take time to study the world colleagues boarding the Kenya National The Clerk and the Commissioners requesting for an extension of a year or outside our working environment and Assembly Flagged Bus, heading to the start planning early on what we wish to Centre for Parliamentary Studies and so. For most of us, our lives have really evolved along Parliament corridors, we do once we retire. Failing to plan early Training (CPST) at Karen, Nairobi, for will be like planning to fail. the retirement preparatory workshops, have rubbed shoulders with the mighty one tends to wonder what a destination. in the Country, some of us have never changed jobs, leave alone employer. The Parliamentary Service Commission has taken seriously education and There is always fear of leaving a place It should be an awakening call for us counseling for those about to retire. you have identified as your second home who still see ourselves as young to start The Training includes financial skills on for years. planning for the same. It is inevitable and how to manage pension and preparing we ought to start planning and preparing them psychologically before exiting for the eventuality when the time comes. It’s funny, those who are 30 or 40 years would tell you, if I could retire, I would employment. do this or that not understanding the When approaching the retirement age, And for those who are retiring. Please do dilemma of those whose time to retire more often than not, that is the time always know that retirement is a journey, has come. Many people panic when when you suddenly realize that you need not a destination. more time. Besides, you can’t imagine retirement comes; some get depressed not doing what you have been doing; when they fathom that they will not go you would probably be lost without to their place of work.

KENYA PARLIAMENT Magazine - April 2013 47 Members of 10th Parliament

n this historical moment of ushering in the 11th Parliament, we take the opportunity to pay great tribute and farewell to the men and women of the 10th OParliament; the house had the historical privilege of passing the Constitution of Kenya 2010 and facilitative legislations.

We also take the opportunity to welcome the 11th Parliament, the pioneer Parliament in the new constitutional dispensation.

The following were the serving members at the conclusion of the 10th Parliament.

In the next issue, we bring you a pull out of all Senators and National Assembly Members making the 11th Parliament.

Kibaki Mwai Yusuf H. Abdi Kariuki Wanjiru Magaret Odinga Amolo Raila OTHAYA KAMUKUNJI STAREHE LANG’ATA

Mbuvi Gideon Gumo Omulo Frederick Ongoro Elizabeth Waititu Ferdinand MAKADARA WESTLANDS KASARANI EMBAKASI

48 KENYA PARLIAMENT Magazine - April 2013 Members of 10th Parliament

Gunda Fondo Benedict Kambi Kazungu Samuel Baya S. Francis Mung’aro M. Gideon BAHARI KALOLENI GANZE MALINDI

Jeffah Kingi Amason Mungatana B. Danson Godhana G. Dhadho Nuh Nassir Abdi MAGARINI GARSEN GALOLE BURA

Abuchiaba A. Mohammed Twaha Fahim Yasin Shaban Namsi Naomi Mwadeghu Thomas LAMU EAST LAMU WEST TAVETA WUNDANYI

Mwatela Calist Andrew Mwakulegwa M. Danson Duale Aden Bare Maalim Farah MWATATE VOI DUJIS LAGDERA

KENYA PARLIAMENT Magazine - April 2013 49 Members of 10th Parliament

Sugow Aden Ahmed Haji Mohamed Yusuf Mohamed H. Gabbow Keynan Adan FAFI IJARA WAJIR NORTH WAJIR WEST

Mohamed E. Ibrahim Sirat Mohamed Mohamed M. Maalim Abdikadir M. Hussein WAJIR EAST WAJIR SOUTH MANDERA WEST MANDERA CENTRAL

Ali Hussein Mohamed Ali Mohamed Mohamud Ganya Chachu Francis Lekuton Joseph MANDERA EAST MOYALE NORTH HORR LAISAMIS

Sasura Tarry Hussein Kuti Abdi Mohamed Ali Bahari Abdul Linturi Mithika Franklin SAKU ISIOLO NORTH ISIOLO SOUTH IGEMBE SOUTH

50 KENYA PARLIAMENT Magazine - April 2013 Members of 10th Parliament

M’Mithiaru Ntoitha Kilemi Valerian Mwiria Munya G. Peter Ruteere Muriuki Silas IGEMBE NORTH TIGANIA WEST TIGANIA EAST NORTH IMENTI

Imanyara Gitobu Murungi Kiraitu Mbiuki Kareke Japhet Mwiru Mburi Alex CENTRAL IMENTI SOUTH IMENTI NITHI THARAKA

Kathuri Mureithi Emilio Mbarire Mutitu Cecily Musyimi Mutava Kivuti M. Lenny MANYATTA RUNYENJES GACHOKA SIAKAGO

Musyoka S. Kalonzo Musila David Nyamai M. Charles Ngilu Kaluki Charity MWINGI NORTH MWINGI SOUTH KITUI WEST KITUI CENTRAL

KENYA PARLIAMENT Magazine - April 2013 51 Members of 10th Parliament

Kilonzo K. Julius Muoki Mulatya Isaac Mbai Itwiku Benson Kilonzo Mutavi Charles MUTITO KITUI SOUTH MASINGA YATTA

Muthama N. Johnson Ndeti Wavinya Munyaka K. Victor Muoki Mutua Daniel KANGUNDO KATHIANI MACHAKOS TOWN MWALA

Kilonzo Mutula Mwau Harun John Ndambuki M. Gideon Kiilu L. N. Peter MBOONI KILOME KAITI MAKUENI

Kaloki Kyalo Philip Ngugi M. David Kimunya M. Amos Mureithi K. Erastus KIBWEZI KINANGOP KIPIPIRI OL KALOU

52 KENYA PARLIAMENT Magazine - April 2013 Members of 10th Parliament

Kioni N. Jeremiah Nyammo T. Francis Warugongo Nemesyus Maina M. Ephraim NDARAGWA TETU KIENI MATHIRA

Kabando wa Kabando Mathenge Murugi Esther Gitau Njuguna Peter Karua W. Martha MUKURWEINI NYERI TOWN MWEA GICHUGU

Githae N. Robinson Gitari G. Joseph Tiras Ngahu Wambugu M. Clement NDIA K IRINYAGA CENTRAL KANGEMA MATHIOYA

Mwangi M. Barnabas Kamau I. Jamleck Mbau P. Elias Kamau M. James KIHARU KIGUMO MARAGWA KANDARA

KENYA PARLIAMENT Magazine - April 2013 53 Members of 10th Parliament

Kenneth Peter Kenyatta Uhuru Waibara K. Clement Kabogo William GATANGA GATUNDU SOUTH GATUNDU NORTH JUJA

Baiya Njoroge Peter Githunguri M. Stanley Nguyai N. Lewis Mwathi M. Peter GITHUNGURI KIAMBAA KIKUYU LIMURU

Mwaura K. David Munyes K. John Ethuro Ekwee David Nanok Koli Josephat LARI TURKANA NORTH TURKANA CENTRAL TURKANA SOUTH

Poghisio L. Samuel Murgor Julius Litole Mwotiny Wilson Lesirma S. Simeon KACHELIBA KAPENGURIA SIGOR SAMBURU WEST

54 KENYA PARLIAMENT Magazine - April 2013 Members of 10th Parliament

Letimalo L. Raphael Wekesa M. Noah Wamalwa L. Eugene Kutuny S. Joshua SAMBURU EAST KWANZA SABOTI CHERANGANY

Ruto S. William Kamar J.Margaret Chepchumba Peris Kilimo J. Linah ELDORET NORTH ELDORET EAST ELDORET SOUTH MARAKWET EAST

Kaino K. Boaz Chepkitony K. Lucas Kiptanui K. Jackson Koech K. David MARAKWET WEST KEIYO NORTH KEIYO SOUTH MOSOP

Kosgei J. Sally Lagat K. Elijah Kosgey K. Henry Kamama A. Asman ALDAI EMGWEN TINDERET BARINGO EAST

KENYA PARLIAMENT Magazine - April 2013 55 Members of 10th Parliament

Kipkorir C. William Mwaita K. Sammy Sambili J. Hellen Lessonet K. Moses BARINGO NORTH BARINGO CENTRAL MOGOTIO ELDAMA RAVINE

Muriithi Nderitu Kiunjuri M. Festus Mututho N. John Kinyanjui M. Lee LAIKIPIA WEST LAIKIPIA EAST NAIVASHA NAKURU TOWN

Cheruiyot K. Zakayo Kiuna N. Joseph Kigen K. Luka Gaichuihie R. Nelson KURESOI MOLO RONGAI SUBUKIA

Konchellah S. Gideon Ntimama ole William Nkoidila ole Lankas Balala Najib Mohamed KILGORIS NAROK NORTH NAROK SOUTH MVITA

56 KENYA PARLIAMENT Magazine - April 2013 Members of 10th Parliament

Nkaisserry K. Joseph Metito K. Judah Kones C. Beatrice Kones K. Julius KAJIADO CENTRAL KAJIADO SOUTH Bomet KONOIN

Ruto K. Isaac Laboso J. Cherono Bett Franklin Keter C. Charles CHEPALUNGU SOTIK BURETI BELGUT

Magerer J. Langat Langat K. Benjamin Shitanda S. Peter Jirongo S. Cyrus KIPKELION AINAMOI MALAVA LUGARI

Washiali J. Benjamin Zonga Mbwana Omar Mwakwere Ali Chirau Rai Gonzi Samuel MUMIAS MSAMBWENI MATUGA KINANGO

KENYA PARLIAMENT Magazine - April 2013 57 Members of 10th Parliament

Were A. David Keya M. Atanas Kizito M. Justus Khalwale Boni MATUNGU LURAMBI SHINYALU IKOLOMANI

Oparanya A. Wycliffe Akula B. Evans Ottichilo K. Wilbur Mudavadi Musalia BUTERE KHWISERO EMUHAYA SABATIA

Chanzu K. Yusuf Khaniri M. George Kapondi C. Fred Simiyu D. Eseli VIHIGA HAMISI MT. ELGON KIMILILI

Sambu B. Alfred Wetangula M. Moses Khang’ati Alfred Bifwoli W. Sylvester WEBUYE SIRISIA KANDUYI BUMULA

58 KENYA PARLIAMENT Magazine - April 2013 Members of 10th Parliament

Ojaamongson O. Sospeter Okemo Chris Odhiambo B. Alfred Otuoma N. Paul AMAGORO NAMBALE BUTULA FUNYULA

Namwamba T. Ababu Orengo A. James Yinda O. Edwin Midiwo J. Washington BUDALANGI UGENYA ALEGO-USONGA GEM

Oginga Oburu Gumbo O. Nicholas Ahmed Shakeel A. Shabbir Aluoch O. John BONDO RARIEDA KISUMU TOWN EAST KISUMU TOWN WEST

Anyang’ Nyong’o Outa O. Fred Olweny A. Patrick Anyango O. Pollyins KISUMU RURAL NYANDO MUHORONI NYAKACH

KENYA PARLIAMENT Magazine - April 2013 59 Members of 10th Parliament

Magwanga O. Joseph Rege K. James Ogindo O. Martin Neto O. Agostinho KASIPUL-KABONDO KARACHUONYO RANGWE NDHIWA

Otieno A. Dalmas Dache P. John Omollo O. Cyprian Anyanga O. Peter RONGO MIGORI URIRI NYATIKE

Kajwang’ Otieno Ng’ongo J. Mbadi Machage G. Wilfred Onyancha Charles MBITA GWASSI KURIA BONCHARI

Nyamweya Manson Ogari Simon Obure M. Christopher Ongeri K. Samson SOUTH MUGIRANGO BOMACHOGE BOBASI NYARIBARI MASABA

60 KENYA PARLIAMENT Magazine - April 2013 Members of 10th Parliament

Monda O. Robert Onyonka M. Richard Nyambati O. Walter Gesami O. James NYARIBARI CHACHE KITUTU CHACHE KITUTU MASABA WEST MUGIRANGO

Ombui Wilfred Abdalla Shakila Abdallah Amina Affey Mohamed Abdi NORTH MUGIRANGO/ NOMINATED NOMINATED NOMINATED BORABU

Kombo Musikari Maison Leshomo Noor A. Sophia Nyagah Joseph NOMINATED NOMINATED NOMINATED NOMINATED

Nyamweya O. George Odhiambo-Mabona Millie Shebesh W. Rachel Sirma C. Musa NOMINATED NOMINATED NOMINATED NOMINATED

KENYA PARLIAMENT Magazine - April 2013 61 Members of 10th Parliament

Mugo W. Beth Kajembe S. Ramadhan Joho Ali Hassan Mwahima M. Mwalimu DAGORETTI CHANGAMWE KISAUNI LIKONI

Yakub M. Dor Moses Ole Sakuda NOMINATED KAJIADO NORTH

Marende O. Kenneth Muigai Githu Gichohi G. Patrick SPEAKER ATTORNEY GENERAL CLERK OF THE EX-OFFICIO MEMBER EX-OFFICIO MEMBER NATIONAL ASSEMBLY

62 KENYA PARLIAMENT Magazine - April 2013 In the next issue of Parliament Magazine, we bring you the following;  a pullout of the men and women of the 11th Parliaments complete with pictures  agenda for the 11th Parliament in the new constitutional dispensation  an Insight in to the new Parliamentary leadership  an Insight into selected Parliamentary committee and much more...

KENYA PARLIAMENT Magazine - April 2013 63 For an insight of your Parliament read....

For an insight of your

Parliament read....

The Kenya Parliament Magazine

www.parliament.go.ke