mzalendo :: Eye On Kenyan Parliament

By Mzalendo Blogger

5:30 pm to 7:00 pm

The house switched into committee mode. MP Gor Sungu took the Speaker’s chair as the chairman of the committee, (not the speaker) and the committee members who debated an Employment Bill.

Minister Newton Kulundu would stand up and struggle to read that “I propose that clause as amended be approved” and the Chair would then ask MP’s to vote – “those in favor say aye, those who opposed say nay.” And this tedious process had to be repeated for all 80 clauses
in the bill, which took over an hour. It appeared boring, but as we have been told, committees are where debate and legislation is done.

Njoki Ndungu proposed 3 amendments to the Bill :
(i) to increase maternity leave of a new mother from two to three months
(ii) to grant new fathers 2 weeks paternity leave to tend to their new children and
(iii) to delete a clause in the current law that requires private employers who pay maternity costs for staff to be reimbursed by the National Social Security Fund (NSSF)

MP’s Ruth Oniango, Wangari Maathai and Charity Ngilu spoke in support of the maternity extension motions and the bills were passed by the
committee.

After 6:00 PM, the Vice President stood to pass a motion to adjourn the house for the day, and allow the committee to continue their debate thereafter. The house was in committee mode and the language used was slightly different. The VP, Labour Minister and even Njoki has several
time be instructed by the Chairman who himself was probably reading on the proper language to use on things like “make report” “I propose that the bill as amended be adopted” and even had to remind people that he was “Mr. Chairman” not “Mr. Speaker”.

So the Mace was put back on the table and the committee became parliament gain for a minute as the VP adjourned the house for the day. Gor Sunguh was back in his seat as MP, as he addressed the temporary Speaker with a report that the committee would continue
after adjournment. Then the Mace was removed and the committee resumed
its debate on the employment bill, with Sunguh back in the Chair.

After the 80 clauses were passed, MP Njoki Ndungu brought forward another amendment this time to grant a mother who adopts a child the same rights a mother of a newborn baby.

This amendment however did not sail as smoothly as the earlier ones.

It was opposed by Minister Kulundu several times, even once saying that a lady could
give birth and adopt a child every other year and always be on leave to which Njoki replied that was a male viewpoint unlikely to happen in real life. VP Moody Awori challenged the definition of an adopted child saying it did not make sense when a school age child was adopted to award
maternity leave to the mother. MP Justin Muturi asked for a definition of duties of a parent to an adopted child. MP Omingo Magara challenged the wording of the bill that gave mothers, and not fathers, rights to which Njoki replied that it was the current laws that did not recognize father rights to adopt

The amendment was awkwardly worded and Njoki kept amending the amendment – changing “child” to “infant”, deleting “duties”, but even her allies like Ruth Oniango could not fix it. At one time it appears the amendment had passed, but MP Magara said that the ‘final’
amendment had not been read out, and when it was, the amendment was
voted down by MP’s. It was later confirmed that the amendment did pass.

MP Julia Ojiambo stood to add another amendment called ‘gender action’ should proceeded to read out a 5 minute summary of what the Bill hoped to do which was in essence to require that the government balance out
by giving women 30% of employment in public sector. This also led to a lot of debate

Minister Martha Karua stood to support the motion saying it would out into the laws what it no the government position that 30% of public service jobs be set aside for women.

Chairman Sunguh asked that MP’s carefully analyze the amendment since the definition in the amendment was any organization that received public funds, including the parliament – and if that was workable or they would end up in industrial court forever.

Minister Kulundu said that the matter should be addressed to the Minister for Public Service who was present. Minister for Public Service Akaranga added that such an amendment should be directed to the public service reform bill being drawn up by
his ministry to be presented later (even in the next parliament). MP Justin Muturi argued that this would be regulated by a board which was not even in existence and seriously would offer tax breaks to private companies for complying with the 30% law.

Debate was still going on up to 7:00 PM, but the amendment appeared doomed

By Francis Mureithi

During the week, election fever continued to paralyze Parliament sessions with questions being dropped for lack of MPs to float them and ministers to respond. For instance on Wednesday August 29, 2007, during the morning session, no question listed in the Order Paper was tackled as either the questioners were absent or ministers.
Deputy House Speaker David Musila said he lacked words to express his disappointment over the members’ performance while Vice President Moody Awori, who is also the leader of government business, said also lacked words to express his displeasure.

This is barely two weeks after members shot down an adjournment motion moved by Vice President Moody Awori arguing that there was too much before the House and it could not afford to go on recess.

MPs, however, passed a motion that allows for introduction of a Bill aimed at compelling the State to establish a special fund to cater for the orphans in the country. The motion passed paves the way for the introduction of the Orphaned and Vulnerable Children’s Fund Bill to provide for education and psychosocial support, shelter, food and clothing for the affected children.
This will ensure their potential of becoming resourceful and responsible citizens is tapped. The motion was moved by Christine Mango (Narc, Butula) and was supported by both government and opposition MPs.

It is also the week that saw the return of the controversial Media Bill after President Kibaki refused to assent it into law returning it to the House for deletion of an offensive clause. The MPs supported the view that the clause was indeed offensive but they complained, for 45 minutes, about how the media has transgressed against them. The controversial clause stated: “When a story includes unnamed parties who are not disclosed and the same becomes the subject of a legal tussle as to who is meant, then the editor shall be obligated to disclose the identity of the parties referred to.”

In the same week, Parliament, with only 19 members, allowed the ministry of Foreign Affairs to spend Shs 7.9 billion for the 2007/8 financial year. The House rules demand the presence of at least 30 of the 222 members, excluding the one presiding, to constitute a quorum and transact House business.

During the week, MPs emerged disappointed after the debate on the Statute Law (Miscellaneous Amendment) Bill, 2007 was postponed due to a hitch. It is this Bill that MPs are seeking to award themselves KShs 1.5 million severance allowance at the end of the life of the current Parliament.
Unlike while dealing with other matters in the course of the week where lack of quorum dominated, a record of 81 MPs had trooped to marshal support to pass the amendment on their allowances but they trooped out as soon as they realized the debate had been put off. The debate was put off when the Committee on the Administration of Justice and Legal Affairs complained that some crucial amendments they had previously tabled in the House were missing in the Order Paper. After the shelving of the debate, MPs trooped out and the House later rose one hour before time due to quorum hitch with only nine members present.

It is this Statute Law (Miscellaneous Amendment) Bill that will be on the spotlight this week in Parliament. If MPs pass the amendment inserted by Attorney General Amos Wako, each of the 222 legislators will be taking home KShs 1.5 million as severance allowance at the end of the life of the current Parliament. It will translate to KShs 333 million which the taxpayer would be required to cough.

This information was received from MP Ukur Yatani:

Just to inform constituents that we are holding a medical camp in the constituency between 30th march to 1st April,2007.A group of about 9 doctors mainly surgeons (Alkama included) and other specialist will be attending to diverse health needs of our people. This gesture is only a small bandage in a gapping wound and the solution remains building one well equiped health facility in the region which we are serously looking at.

Secondly, to inform you further that the new Boys Secondary school at maikona has attracted over 40 students most with over 350 marks and we are tempted to have double class straight away.Three classrooms, a dormitory and Principal house have been completed.Any suggestions from you is highly welcomed.

In the aftermath of the recent coverage that we received in the Nation, we have been receiving some off-line inquiries regarding how MPs can participate in Mzalendo e.g. if they want to update their profile.

First, we want to welcome all MP participation in whatever form it takes. Our vision for Mzalendo is to build a resource that is useful to both the representatives and the represented. We are not anti-anyone. In addition, as the election campaign process in Kenya becomes more media and technology savvy, and as Kenyan voters begin to demand more accountability from their leaders, MPs might be interested in establishing and building a web presence. Mzalendo is a great way to do that and we are more than happy to help any MP who wants to reach out to his/her constituents via Mzalendo (all for free!)
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