mzalendo :: Eye On Kenyan Parliament

Sorry. this should have been posted before the EALA one.

Part 2

by anonymous

2:30 – 3: 30 Thursday October 26

The Session started with Ministries answering questions that had been previously put to them by MP’s.

Assistant State Minister, John Serut answered a question that has been posed by Ndhiwa MP Orwa Ojode about projects initiated by a donor body in his constituency, and he mentioned the projects completed, in progress, their cost etc. But when he sat Ojode replied very forcefully that only 2 boreholes had been dug, the rest of the money was spent on seminars in Webuye. Serut again read his list, naming a few but speaker cut him off saying he should not read them all if they were too long. Ojode now claimed that the list was a fake, as he’s the MP and knows what’s on the ground. Serut then said that the Ministry would set up a proper visit to evaluate the status of the projects.

Education assistant minister Kilemi Mwiria answered a question from an MP from a constituency in Kisii district who had asked about the number of high schools, students & teachers in his constituency and how many passed KCSE exams and were admitted to university. Upon further questioning by the MP, Mwiria explained that the low university admission rate was due to apparent disadvantage that district schools suffered to national school, and which the government was working to correct. He also asked other MP’s to help such schools by ensuring that they get the best teachers – i.e. teachers employed on merit, not because they knew MP or what religion they were.

Assistant Water Minister Aden Sugow answered a question on the Nzoia Water Company posed by Kanduyi MP Wafula Wamunyinyi, saying the company set up in 2005, and that while it was true that some previous managers had been dismissed for graft, and the company had made a loss of 14m last year, it was now getting up and running to offer better services. MP Davies Nakitare chipped in that the company should tap water from a higher source and use gravity for distribution, rather than from lower point and use fuel to pump it upwards and the minister said they would consider that.

Agriculture Minister Kipruto Kirwa answered a question about the revival of the pyrethrum sector saying that companies would only be licensed to deal in the crop after passage of the 2006 pyrethrum bill. One MP challenged him to state that his office has not dealt with a company called Midlands, who had already been licensed in Nynandarua, and the Minister replied that they were licensed for research only and he would monitor their activities. Another MP challenged him to ensure that debts owed to pyrethrum farmers are settled before any new companies are licensed or funded in the sector.

Questions for Ministers

- Moyale MP wanted the minister of state in charge of special programs to explain how the government was responding to the floods that has destroyed infrastructure and homes in Moyale.

- Kasarani MP William Omondi, wanted the Minister of state in charge of internal security to respond to the insecurity in Kahawa area where a gang has been going round killing people in close proximity to a police station with no action taken.

Justice Minister, Martha Karua, replied to the Speaker that these questions, posed to the Office of the President, will be answered next Thursday

Other observations
- A few MP questions were dropped since they were not in the house. Assistant minister Robison Githae pointed out that since absent Ministers were being admonished by the Speaker, he should similarly admonish MPs who fail to appear when their questions are scheduled to be answered.

- At one point, Ojode, in challenging an assistant minister about wrong government statistics, appeared to end his argument with the word pumbavu. Ken Nyagudi the asked the speaker for clarification and Ojode interjected that if speaker could not hear, how could MP hear the word? Later he apologized, but said that the word is used from leaders at the top.

- There was plenty of noise in the chamber from conversations on both sides and twice, Adelina Mwau, the assistant minister for labour, had to ask for the speakers’ intervention to make MP’s repeat their questions to her which she was unable to hear over the noise. Kaparo repeatedly asked MP’s to take their conversations outside and allow house business to continue.

- Speaker Kaparo announced that the matters of East African Legislative Assembly (EALA) MP’s would be discussed at 5 pm since it was an urgent matter to be resolved that day as his office would need time to verify nominee names and qualifications.

3rd of 3 reports by anonymous
5:30 to 6:30 Thursday October 26
EALA

Walk into parliament just as the controversial issue of parliamentary nominations of the east African legislation assembly (EALA). MP Nicholas Biwott is speaking before an almost full house and gloating, defending the nomination rules, saying last time shoe was on other foot for both Martha Karua and Raila Odinga. He also hoped Narc would get her house in order like KANU had with the nominations.

MP Mwandawiro Mghanga said that MP’s parliament the flawed nomination process was due to the nature of parties like Ford-P whose ticket he came to parliament on but whose members abandoned him when they all trooped to become government ministers. At this point, Ford-P chairman, and Roads Minister Simeon Nyachae stood and replied Mghanga should stop claiming to be a Ford P MP, saying that he was not even in the members register or recognized in any capacity by the party, except this parliament, and they were waiting for elections to kick him out.

Najib Balala said it was a sad day when democracy failed, since the interests of the minority were trampled by the majority and said the speaker had failed to sort out the matter of MP’s and their parties. He added that since Narc was dead, all MP’s should resign and go home for fresh elections. Speaker Kaparo cautioned him not to revisit the matter since he had ruled on it, but Balala continued that his party would challenge the nominations before the East African court of appeals.

Speaker Kaparo then commented that the matter of MP’s and their party affiliation was something that should have been sorted out long ago, and MP’s have only themselves to blame if they felt short-changed in the process adding that the list of nominees presented by the house business committee was final. He added that, as a result, MP’s were living a lie – the fruits of which was now being seen and urged MP’s to sort out the matter since they were there and knew the genesis of the situation adding that one day there will be a new speaker and MP’s who will have no institutional memory of how the party issue become so confusing.

Assistant Minister Mwangi Kiunjuri was next and he lamented that the speaker and the house had spent so much time discussing political party matters. He said the business of the house and MP’s was to pass laws and the house should leave parties to settle their affairs away from parliament.

EA Minister John Koech tried to speak, but MP’s (largely from opposition side) called for Health Minister Ngilu to speak since she was the Narc chairperson. Ngilu said that she had followed all the nomination procedure as head of her party in terms of correspondence with the clerk of the national assembly clerk, consulted, responded and submitted names all within 14 day deadline. If rules, or the nominee lists, were changed later, so be it.

Assistant Minister Wetangula said it was wrong for MP’s like Anyang Nyongo to complain that they were being oppressed through the party nominations process.

Minister Koech finally spoke to close the debate, but as he did, almost all MP’s from the opposition side stood and walked out, leaving about 3 sitting there. Koech reiterated that the nominations were not done by force or power; but that this was the state of parliament and no rules were broken.

License Repeal

Next up was Finance minister Amos Kimunya presenting the second reading of a repeal of business licences bill. As he talked, many MP’s now from the government side also left, having completed the main business of the day, leaving about 10 MP’s on his side, debating with 4 on the opposition side. He mentioned that the bill would eliminate hundreds of licences that had been there since the colonial government and which were now repressive, hindrance to business today and which scared away new investors.

He mentioned some of them like requiring shops to not operate at certain times/days, forbade traditional alcohol brewing. He also mentioned that he had given municipal councils until December to report back to him, though their minister, on which local government licenses would also be eliminated.

Assistant minister Peter Kenneth seconded the bill with a comment that it would also help business people and spur economic growth.

MP Gor Sunguh also supported the bill, but called for more support for Kenyan entrepreneurs lamenting that (descendants of) coolies from India to this day still run shops from river road Nairobi to supplying the market as far as Kisumu. He also complained to the speaker that the bill they were discussing was no. 20 while a bill he had sponsored (no. 2) has never been brought up for debate by the house business committee.

Minister Mutahi Kagwe supported the bill, which would eliminate ridiculous provisions of the law such as requiring a rural household to get a permit before selling milk to a neighbouring household. He said significant savings would be gained from the time that would now not be wasted chasing useless licenses.

Justin Muturi supported the bill but lamented that a house committee had not gone out to popularise the positive effects of this bill to Kenyans.

Assistant Minister Wetangula said the bill would eliminate frivolous laws e.g. requirement to get a permit before constructing a cattle dip. He then lamented that members of that same committee were not in the house at present to support the bill. At this point Sunguh stood up and defended the chairman of that committee, who he said was also his father in law, saying he had spoken to and received assurance from the chairman that he fully supported the bill.

State Minister Michuki spoke to support the bill but also to alert the minister that the law on traditional alcohol will have to be clearly spelt out otherwise a repeal would have unintended effects. He pointed out that the definition of traditional alcohol is that its’ fermentation ‘had not been arrested’ i.e. it is still fermenting even as it is drunk.

The bill was then passed with unanimous Aye’s by the about 15 MP’s in the house.

Minister Kimunya then moved on to the next debate which was amendments to the Finance Bill. He mentioned that since he presented his budget in June, his office had received feedback from various bodies and that amendments would take into consideration contributions from bodies on issues like the sugar levy and insurance sector reform.

It was now 6:30 PM, and at this point a sergeant stood and signaled to the Speaker who then interrupted Minister Kimunya and adjourned house business till next Tuesday.

Observation

The (temporary) speaker was able to notice that MP David Mwanzia exited the chamber through a side door, which was illegal, and informed a sergeant to go and bring him back to explain – yet he allows debate to go on and bills be passed without a quorum in the house i.e. less than 30 MP’s.

For another view on the EALA controversy, see Edwin Mutai’s report in the Kenya Times.

1st of 3 reports by anonymous
Thursday October 26: 2:00 to 2:30 PM

This was our third attempt to enter parliament and there was some difficulty involved. The second time we came was at 10:00 am this morning, only to find Parliament closed. What kind of office opens at 2:30? Our Parliament! And we were told to come back at 2:00. This was a good thing because I realised why it is difficult to access parliament sometimes.

On the first attempt, we were told that the public gallery was full. And sure enough, there were two school groups waiting at the public entrance today at 2 PM. One of the parliamentary clerks was not happy about the numbers but confirmed that they would all fit. On entry into the chamber with the students, we found that there were about two other school groups already seated inside waiting. The seats filled up quickly, but there were a few random seats that were used to accommodate the whole group.

Later, another group of students filed in and were seated on the opposite side of the chamber, where invited guests of MP’s or parliament sit. So it appears that there’s a crush of students most days from about 2 to 4 PM and officials thus lock out members of the public from attending. This appears to dissipate from after 4 PM as students are taken back to their schools.

From 2 to 2:30 we sit quietly with the students facing an empty chamber. There are nervous coughs in the galley as we observe clerks of the house walk in, test the audio equipment, bring in the copies of the order paper, and other tasks as they wait for the session to start.

At 2:25 a bell rings (sounds like a school bell) and the doors of parliament are opened. MP’s file into the house and most stop to pick up copies of the order paper at the door. Women MP’s also have to leave their handbags at the entrance. As a sergeant carrying a ceremonial mace walks in, the whole room, parliamentarians and public, stand up at attention, and he is followed by speaker Kaparo. He goes to his seat and the mace is held up, MP’s on both sides bow in tune then it is laid down. Speaker Kaparo leads MP’s in words in a short prayer before they all take their seats. And the session starts..

- Kenya Parliament Team on ICT mission to Kigali. Maybe they could learn how to relaunch their website.

- The long overdue National Land Policy is scheduled to come up for debate in Parliament.

- The Parliamentary Service Commission awards itself lavish raises and perks.

- MP Joseph Lekuton featured in the Washington Post.

We recently made it clear that Mzalendo welcomes participation from MPs. One way in which we expected the participation to occur was through the MP comment function. When we set up the function, we relied on a healthy dose of blind faith and non-cynicism..for the comment function to truly function as we intended it we presumed MPs would read, and where pertinent respond to, comments from their constituents.

It seems that our faith and non-cynicism has been rewarded. Over the weekend, MP Ukur Yatani (North Horr) became the first MP to respond to a constituent’s question via the comment page on Mzalendo. He also updated his profile.

This is but a small step in the journey of Mzalendo, nevertheless we think that is a very important step to highlight because it demonstrates the spirit behind Mzalendo.

We often find ourselves fighting the perception that this project is generally an exercise in futility for any number of reasons. Our response:

- We are optimistic that our efforts, minimal as they are in the larger scheme of the political scene in Kenya, CAN have an impact.

- We refuse to be deterred by the fact that Mzalendo as it currently functions remains inaccessible to most Kenyans - if we spent our time worrying about how many people this site would reach the project would never have taken off - our philosophy has always been: If we build it they will come.

- We refuse to believe that NOTHING can be done to change the way our politicians and political institutions function and we refuse to believe arguments along the lines of “all Kenyan politicians are useless, so why bother?”

Rather, we believe that accountability is in most cases not self-generated - it stems from demand. Why should our politicians respond to questions that we don’t ask? Why wouldn’t they act in a manner that suggests that they don’t give a damn, if we fail to demonstrate that we do give a damn? And who knows, maybe there are some politicians who are different and who are trying to do the right thing…we just don’t know about them.

- We believe that doing nothing more than caricaturing our politicians, complaining, and waiting for the “right” candidates only reinforces the idea that our political system is a joke that is beyond redemption, we would rather spend time figuring out how to make the institutions that we have work better for us. We are better off saying that we tried and failed, rather than not have made an attempt to do something in the first place.

Thank you MP Ukur Yatani for reinforcing our belief that we are engaged in a very worthwhile endeavor!

We trust that your colleagues will see the value in this for them and for their constituents and participate as well.

Ever wonder what questions your MP has been asking in parliament? Well wonder no more!

We already provided you with a listing of current questions that has been asked. Now you can mine the questions a little more using the Question Query

This will allow you to analyze the sort of questions being asked in parliament by:

1. Party
2. MP
3. Question Type (Ordinary questions, private notice, etc)
4. Question Category (Individual, sectoral, etc)
5. Ministry Directed at, where applicable
6. Question text

The results will be filtered by your search criteria and you can click for more details

We are still working towards completing the question database as well as the Hansard database.

We hope to be done very soon so bear with us. 

By Mzalendo volunteer who’d like to remain anonymous.


Business: Debate on a sessional paper on road reconstruction in Kenya that was introduced by Roads Minister, Simeon Nyachae.
Quorum: Parliament had about 20 – 30 members including Vice president Moody Awori, Ministers - Nyachae, Karua, Munyao, Assistant Ministers - Toro, Serut, Tarus, MP’s - Mwiraria, Maore, Omondi, Muturi, Biwott, Njoki Ndungi, Nakitare, Wakoli, others, and later Anthony Kimetto who prominently featured later.
Debate: Many mini conversations were going on among MP’s during the session, and after each speaker finished, an MP on opposite side would stand to contribute to debate.

MP Maore: Comments supporting the paper
- Do away with bumps, which are unnecessary, hazardous, and, nuisances that damage cars and contribute to accidents rather than road safety. He said that on the 200 km road stretch between Makutano and Maua there were about 197 bumps!
- Have weighbridges at the ports to ensure vehicles are loaded properly, not on the highway. He said currently lorries the road carry 3X the load, and enough cash to bribe their way along
- Fix traffic lights (some of which have not worked in 20 years).

Minister Munyao: Comments supporting the paper
- Questioned why/how our road engineers, who train with other road engineers around the world, cannot put together decent roads.
- do away with roundabouts which are colonial relics
- Congratulated the current minister of roads for bringing the paper forward saying there is road construction activity throughout the country. He added that he was minister for “road construction” while his predecessor was a minister who only “inspected roads and spoke of by-passes when he actually dreamt of bypasses to power”

MP Biwott: Comments supporting the paper
- Called for more equitable distribution or roads money, even if the resources were limited. - noting that 20 constituencies did not get a single cent in the budget for roads
- Also called for roundabout to be eliminated

Vice President Awori: Comments supporting the paper
- Said as much as we support local contractors, perhaps we should give more road work to foreign contractors who have more expertise and resources
- Fix traffic lights - and now that we have serious minister, give him responsibly for their maintenance (taking that away from local authorities).
- Ensure road rules are followed including respect for the white cane (used by visually impaired persons)
-Bring back road repair crews who used to have camps set up around the country and would be responsible for road maintained at local level.
-Perhaps its time we do away with repairs on murram roads. In this constituency last year 70 million shillings worth of work was done to put murram on gravel roads – but once the rains came they washed away all that work. Instead we should concentrate on tarmacking roads - fewer will be done, it will take longer, but roads will last longer and be better.

MP Nakitare: Comments supporting the paper in Swahili
-Disappointed that our engineers and planners never foresaw growth when they designed roads long ago. At the time, cars were a luxury for only a few, now they are a necessity.
- Lamented previous policy to disband government road repair crews – who then sold equipment to private contractors. Contracts don’t maintain roads, they only build them - and now ministry headquarters are out of touch with the state of roads at local level.

Conclusion

As another MP stood to speak at around 6:20 PM, MP Kimetto who had been sitting on a back bench stood up, got the speaker’s attention and said: “Mr. Speaker is it proper for us to discuss this important debate with out a quorum?”

Speaker noted “yes we don’t have a quorum” - and in the background, a bell was rang and some officials exited the chamber to summon MP’s. Government whip Norman Nyagah entered and asked one official how many MP’s were needed before he dashed out again. MP’s would stream back in one by one, many asking “who alerted the speaker?” – and Kimetto would be pointed out. A few of them went over to talk to him and clearly they were not happy that business had been interrupted.

Nyagah came back in shaking his head and some officials also confirmed to the speaker that there were not enough MP’s in the area to continue. So at 6:30 Pm, the Speaker adjourned parliament till Tuesday morning and led MP’s out.

5: 30 to 6 30 in parliament (October 5)

About 30 members in the house - 20 on government side, and 10 on opposition side, and the numbers will have dwindled to about 10 by the bottom of the hour.

Some familiar faces: Ministers Martha Karua, Henry Obwocha, Kivutha Kibwana, whip Norman Nyagah, Njoki Ndungu, John Serut, Linah Kilimo and others. Joining later will be Minister John Katuku, Wangari Mathai, Henry Kosgey, GG Kariuki, Kalembe Ndile (who walked in a khaki KWS ranger outfit to call Kivutha out of the house for a talk), Jane Kihara, and Reuben Ndolo and others.

As usual, there are numerous camps engaging in conversations while house proceedings are going on.

Minister Obwocha finishes the second reading of the Kenya Institute for Public Policy Research and Analysis (KIPPRA) Bill, and it is passed with unanimous “Aye’s”

Justin Muturi, chairman of the Public Investments Committee was up next: He reviewed the work of the committee over the year, including dozens of meetings, site visits, review of numerous state corporation accounts and matters in those accounts raised/queried by the comptroller & auditor general.

He cited only a few issues which are contained in the extensive committee report to the house

1. Commended government for setting up of state corporations advisory committee – and facilitating for the “Big 5″ - namely the AG, PS Treasury, PS Public Service, Comptroller & Auditor General, and the Head of Civil Service - to meet with the committee as they deliberate on their issues.
2. Maize importation during the drought was irregularly done and the government needs to tighten its procedures in future.
3. Failure to prosecute cases recommend by the PIC committee. He used the Kenya National Trading Corporation (KNTC) as an example where the committees had over the years recommend, in the 80’s 90’s and 00’s, that charges be brought against top official of the corporation.

- Several cases initiated against the same people e.g. a Tirop, a Mugwe, a Magut, a company called Raspel and others. These included loss of 500 million shillings, a 7 million theft, and irregular surrender & sale of a plot on Loita Street.

- In each case, the CID would call in/question suspects in preparation for charges and each time the AG’s office would call for the case files for “perusal and advice” and sometimes suspects would be ordered to be released by the AG.

- As a result cases never took off. One which did was thrown out since the judge said too long had lapsed. The State said it would appeal, but never did.

The PIC questioned this and the answers it got were a back-and forth blame game between the AG’s office and the CID – leading them to conclude that there was a deliberate or clear lack of will to prosecute these case. Sometimes AG said cases were not ready or had no staff to prosecute.

The committee, even as it recommended that the AG’s office hire more and pay staff better, was concerned that there was no will to prosecute these cases, right at the top (AG). He lamented that the committee and parliament would only be paying lip service to the fight against corruption unless the AG’s office was willing to prosecute these cases. He asked that the committee be empowered to instruct, rather than recommend that the AG prosecute these cases.

It was now 6:30 and the Speaker (not Kaparo) adjourned proceedings until next Wednesday (Tuesday October 10 is a public holiday) when Muturi will continue with his committee report.

This report was filed by Mzalendo reader - Paul Rojo.

ALL the major Presidential candidates for the 2007 general elections were notably absent and those who were in today’s session left immediately the discussion on the budgetary vote of the Ministry of Energy began.

Only Najib Balala and William Ruto were in the house earlier but left even before the completion of the question time that had seven questions lined up for debate.

Kalonzo Musyoka is still mourning the loss of his mother, though we could not immediately establish why the rest were absent.

The energy financial estimates will enable the completion of over 90 Rural Electrification projects earmarked for completion by the end of June next year. The ministry was seeking approval of the house to spend shs 8 billion, out of which Shs.2b would go towards Rural Electrification.

Only 14 legislators on both sides of the house were present at the conclusion of business on the first day since Parliament broke for its recess.

However, at least 60 of them actively participated in debate on the energy financial estimates.

As you might know, Parliament reconvened today after a two month recess. Mzalendo supporter and volunteer citizen reporter, Bankelele, was there to provide us with first-hand coverage.

Commercial break: Do you find Mzalendo a useful tool? Want to do your bit to shine to the spotlight on MPs? Then consider attending a parliament session and emailing your report to us via the contact page.
On to the report…

By Bankelele

It was business as usual with debate on an energy bill/energy ministry budget in the half hour. This was the fullest I had seen Parliament with about 50 MP’s sitting in for the afternoon (4 PM). I was there just as Minister Martha Karua finished her comment supporting the Energy vote. Next up was opposition side MP KANU’s Joe lagat

Some comments by MP Lagat:
- Energy ministry should have a full minister, not an acting minister
- Allocation for rural electrification should be doubled from 2 billion to 4 billion shillings
- Government should stop subsidising KPLC in its power purchase from Kengen
- Scrap the electricity regulatory board (ERB) whose only job it appears is to set the price at which power is sold to KPLC. Is that a full time job or something better done by a committee of experts
meeting occasionally?
- Stop including jiko and wood fuel research items in budget.
- Kenya Refineries Company is inefficient – unable to produce low sulphur diesel or unleaded petrol. Others should be allowed to compete with it.
- Tax increase in June budget contributed to high fuel prices
- Since the national oil corporation (NOCK) was set up by the Government in the 90’s to compete with multinational, it should set
the tone by lowering its fuel pump prices

When he finished MP’s on both sides stand up hoping to catch the speaker’s attention and contribute to the bill. The speaker then
called on an MP from the government side began by calling for more hydro electric projects in western Kenya and efforts to tap wind power.

Conclusion
Parliament has a backlog of urgent bills that have to be passed, but in the half hour I was there one MP was able to for 30 minutes, enumerating some points - some good, some common sense. With so many urgent matters, can this be speeded up? I always hear about the standing orders being cumbersome to bill passage, but are they never reviewed, and if if one MP is able to talk for 1/10 of Parliaments’ day how long does it take for a bill to pass?

Is the contribution meaningful? Is anyone listening? Ministers were there, some taking notes as they waited to speak. But the Speaker also twice had to admonish some MP’s in both corners when their huddled conversations became loud enough to interrupt the proceedings.