Taming the rogue Presidency and Parliament

As Constitution tamed rogue Parliament and Presidency?

Updated on: Wednesday, June, 29, 2011 Story by: MEEME JOSHUA

Without a shadow of doubt Kenya is headed for great exploits. Thanks to the New Constitution. Kenyans have been living in fear. Fear of institutions that they were supposed to embrace. On several occasions Parliament has held the country to ransom so as to have their way, especially concerning salary increase and raising their allowances. Presidency has a history of making unilateral decision with total disregard of public mood. No any more.

The rogue Parliament and institution of Presidency have their wings clipped. No self seeking decision can be arrived at, behind closed doors; no roadside declaration without public participation; no one is exempted from paying taxes. Waaaoh! What a country. Hey, it is not time to corkscrew the champagne. The public should remain vigilant and scrutinize the constitutionality of the actions of these arms of government. It is the work of the fourth estate (public toothless watchdog), to raise the alarm of any impropriety by three arms of government. The public should also read and conceptualize the Constitution. Just like a building undergoing repair, there is need to scrap off the old paint that stinks of nepotism, impunity and corruption before applying a new coat of paint.

This is a country being built on constitutionalism or is it constitution revolution? A country where the President is forced under public pressure to recede unilateral decision to appoint constitution office holders; a country where the Prime minister waits in the queue with other Kenyans to pay his taxes and tax arrears; a country where the Vice President admits in public he may not be able to pay taxes; a country where a conniving Parliamentarians do not hold the country to ransom.

Who could have imagined that Mps will be cornered to pay taxes on their allowances? Down memory lane! When government officers were required by the Ministry of Finance to use vehicles that had lower consumption, one of the ministers wondered how he could drive a car similar to the one driven by his constituents. They were prevailed upon with a lot of pressure from the civil society and media and now the government spends less on fuel and maintenance.

Almost at the same time last year, Mps were requested again to pay taxes. They threatened to paralyze Constitution making debate. A commission led by Justice Akilano Akiwumi was appointed, collected views and presented a report that recommended increase of Mps salaries before taxes; although they are among the best paid legislators in the world. Few days ago no one could have thought that honorable members would be queuing at Times Towers to pay their taxes, or plead with Kenya Revenue Authority to stagger payments in installments that they can manage.

To some it still sounds like a bad dream. It is not. It is the reality. When confronted with the demand that they were expected to pay taxes, Gwasi Mp John Mbadi threatened that Parliament would implement the recommendation of Akiwumi Commission. Hey, Mheshimiwa read the constitution. Even debating the motion that seeks to increase your salaries is illegal. Article 122(3) states, “A member (of Parliament) shall not vote on any question in which the member has pecuniary interest.” Pecuniary is defined as any issue concerning money matters.

Barely ten years ago there was something called Presidential Prerogative: whatever the President ordered was considered law and no person could think or act against the directive. When President Kibaki reversed the selection of four top judicial officers: Chief Justice as Visram, Attorney General as Githu Muigai, Director of Public Prosecution Kioko Kilukumi, the country celebrated. This was a new dawn for Kenya and sounded a death knell to impunity. But the decision to reverse the action was bitter herb to swallow for the institution of presidency that had enjoyed unprecedented powers over the years. Indeed during the reigns of former President Moi, the government was run through road side declarations. However, Article 73(1)(b) states, “Authority assigned to State officer (President is a state officer defined on Article 260) vests in the state officer the responsibility to serve the people, rather than the power to rule them.” People who serve are servants and obey their masters but rulers are not held responsible by their subordinates.

We the people of Kenya, demand that our servant obey the constitution. It has taken Kenyans long time to bring sobriety in these two institutions of government. But better late than never. Aluta continua. Someni Katiba, Wakenya wote, mwisho wa kusoma tutapata maisha mazuri sana.

Email: joshmemento@yahoo.com