Job Description of a Kenyan Member of Parliament Source: Kenya Department of Parliamentary Research Services, September 2008 1. INTRODUCTION Many Kenyans do not seem to have a clear understanding about the precise role of their members of Parliament within and without Parliament. Kenyan voters at the grassroots have over the years always elected or re-elected an MP based on certain expectations including support and attendance to fundraisings, burials of their deceased, payment of hospital bills of their loved ones and school fees for their children and solving of any other personal as opposed to community or national problems. Whether the MP attends and represents them well in parliament is beside the point. Therefore, there is need to enhance civic education and awareness amongst the citizen on what the actual role of an MP is. 2. ROLE OF MEMBERS OF PARLIAMENT Universally, Members of Parliament (MPs) are expected to perform five central roles in national governance, namely: Making legislation: to consider, refine and pass legislative bills to improve the lives of Kenyans; Budgetary allocations: to provide the funds needed for government operations annually; MPs have responsibility to consider, debate and pass the financial estimates (budget) including taxation measures for raising revenue to finance public development programmes/projects presented by the Executive. Oversight: The oversight role extends to scrutiny of financial, administrative and management practices of public officers and other public institutions. In this parliamentarians hold the latter to account for expenditure of such funds as approved by the House to ensure transparency and accountability; Representation of constituents: MPs are a bridge between the electorate and the government; hence relay issues facing voters to the government for consideration and press for action. On the other hand, an MP is expected to communicate to the public the ongoing government plans and policies to address their concerns; Making and unmaking of government (executive): Parliament has the power to vote out the executive through a vote of no confidence. This is a powerful lever upon which they can use to determine the life of the Government through exercising the ability to provide or withhold support to either the entire government or a member of the executive. 2.1 LEGISLATIVE MANDATE SECTION 30 of the Constitution gives the legislative power of the Republic of Kenya exclusively to parliament. The cardinal role of MPs in Kenya is to consider, refine and pass legislative bills, which upon Presidential Assent become Acts of Parliament. This also includes bills for possible amendments on the constitution itself. Parliament transacts its business through Motions and Bills. At least 90 percent of government business (including legislative proposals) emanate from the executive arm (public servants and Cabinet Ministers) who have direct responsibility for initiating new or reforming existing legislation. However, MPs do have an opportunity to influence legislation through debates, particularly in the parliamentary committees where bills are referred to after the First Reading in the House. At the relevant Departmental Committee, any Member and other interest groups can make proposals for amendments for consideration by the house at the appropriate time. MPs have the power to also introduce legislation of their own, through Private Member’s bills. Private Member’ bills are indeed public interest policy issues sponsored by an individual member or party and not a member of the cabinet. These could either be for a new legislation or seeking to amend existing laws. An opposition MP or any other backbencher in parliament should ideally use this instrument as a means or platform of drawing attention to areas of critical public concerns that is either lacking a guiding regulatory framework or neglected by the government. 2.2 SURVEILLANCE OR OVERSIGHT ACTIVITY Parliament has powers of oversight or watchdog over public funds as empowered by the Constitution. The watchdog function further gives parliament what is called the ‘power of the purse’ where they regulate the revenue and expenditure of public resources through the budgetary process among other oversight roles. Questions and Motions: The Constitution of Kenya empowers MPs to debate and pass the budget and monitor all expenditure of public funds. Review of Annual Ministerial estimates provide MPs with a particular significant opportunity for holding the Government accountable for its policies and administrative practices regarding use of public funds. Rules of procedure (standing orders) facilitate MPs to ask questions directed especially at Government Ministers on policy issues pertaining to their ministerial responsibilities in service delivery, protection of Kenyan’s right and promotion of their interests. Some of the most widely known and effective instruments in parliament by which Members scrutinize government activity is through Questions and Motions, Committee probes and seeking ministerial statements. Committee Inquiries: The entitlement of backbenchers to committee membership further avails them the platform to question ministers and public service officials in the course of committee deliberations and is an important means of exercising surveillance and achieving government accountability. On the sidelines, in execution of their duties, MPs are expected to, once in a while, call press conferences to state their positions on various national issues, or make inspection visits to various government projects, facilities, etc. to establish facts and circumstances. Where MPs are not satisfied with Ministers’ responses to their questions, they are allowed to raise the subject of such a question by moving a motion for adjournment of the House for brief debate on matters of public/national interest. To be granted the opportunity to raise a matter of national importance, the MP should inform the Speaker in advance. Public petitions: Kenyans have a right to petition parliament through any of their MPs on any public interest matter that they feel has not been raised or addressed by the government. By raising such issues, the performance of a given Minister/ministry, and indeed, the entire government is thus brought to close focus by the House. 2.3 CONSTITUENCY REPRESENTATION MPs as people’s elected representatives are expected to maintain a close link with issues in their constituencies, provide leadership and take part in local events and official functions there. They are supposed to be role models and motivate their people to seek local solutions to certain issues while s/he seeks complementary support from the state or other development stakeholders. In addition, they:- 1. Are expected to be in constant touch with the constituents, devoting time and even personal involvement to provide direction and inspiration for the people to harness their capacities for self reliance 2. Are also expected to help mobilize resources to address local challenges by, for example, contacting Ministers or public service officials, or using time in the House, to make known grievances of their constituents, press for action to remedy the situation 3. Are further expected to get and analyze public views/position on certain national issues through organizing local meetings to discuss community/national issues. In 2004/5, the Government of Kenya introduced the Constituency Development Fund (CDF), among other devolved funds to expeditiously help the financing of various development projects at the constituency to improve the well being of the people. Every local MP is a patron of the Constituency Committees, which are expected to reflect the face of persons and interest in the constituency. These committees are supposed to debate and prioritize development projects equitably through out a given constituency without fear or favour or political persuasion as all Kenyans pay taxes and deserve services. There are various initiatives going on to reform the CDF to make it more effective and accountable to the public. 2.4 PROVISION OF NATIONAL LEADERSHIP DIRECTIONS AND RECONCILIATION OF DIVERGENT INTERESTS One of the best vehicles or tools a nation has at its disposal for managing conflict and poverty is parliament. The growing importance of parliaments to conflict prevention and the peace building process in conflict-affected communities can be attributed to the increasing awareness of the nexus between parliament, conflict prevention and poverty reduction. Irrespective of the extent of power granted to parliament under the constitution, parliamentarians are uniquely positioned to play leadership roles in their societies and to strengthen peace building from below. Parliamentarians are able to do this by helping to create a national consensus through national policy dialogue or more specific strategies to be discussed over the coming days. Once a resolution or policy has been passed by the House, MPs have the responsibility to support its implementation, irrespective of the effect this may have on their constituents. Members of Parliaments have responsibility to provide national leadership to achieve a country’s political, and soci0-economic aspirations. They are charged with the unwritten responsibility to provide national cohesion and reconciliations of conflicting and competing natural interests through dialogue and debate. Only MPs have he privilege and platform to debate and discuss matters that threaten national security as peoples’ elected representatives. For instance, parliament came in handy early this year to facilitate debate and enactment of the National Accord. Furthermore, MPs are supposed to approve bilateral and international agreements, Treaties and Conventions entered into by the Government on behalf of the country. This is to ensure these instruments do not violate the Constitution or hurt Kenyans and their national interests. Furthermore, through their participation and involvement in inter-parliamentary relations, parliamentarians have the responsibility to ensure there is global tolerance and understanding among different peoples and cultures across borders. This explains why Kenyan parliamentarians are active members of several regional and international parliamentary organizations including the Pan African Parliament, Inter-Parliamentary Union (IPU) and the Commonwealth Parliamentary Association (CPA) among others. Through debate on matters of public and national interest, parliament is able to give hope and confidence to the citizens that their issues are given attention, hence dissuade many from confrontations, and hard-line stances. 2.5 PARTY RESPONSIBILITIES Every MP must be nominated or sponsored by a political party to stand for election in Kenya. As such, a Member is ideally expected to support his/her political party’s policies and programmes as per their Manifesto when it comes to voting in the House. They are further supposed to support the operation of the party financially and politically to enable it either retain (ruling party) or access power (opposition). However, bearing the fact that Kenya lacks strong ideology based parties; MPs do not necessarily adhere to party positions. This explains why there has been clamor for a political Parties legislation that was passed last year and became operational as of 1st July 2008. Strong political parties are very useful vehicles for enhancing parliamentary democracy; the new Political Parties Act is expected to streamline party operations in Kenya. The role of opposition in the House is to bring to public attention the weaknesses and inconsistency of the Party in power in terms of its policies, legislative proposals, public expenditure patterns, access to public resources, etc. By so doing, the idea is to win public support/sympathy and hence position itself to take over power in the subsequent polls. It should tailor its opposition in such a manner as to offer alternative policy options and programmes to improve on peoples’ lives and status of the country. On the other hand, the parliamentary role of governing party MPs is essentially to support the Government programmes and agenda in the House. It largely involves the refining of legislation and the public defense of the government’s position in debates, with relatively less significant participation in surveillance activity. Party caucuses are important opportunities to raise grievances affecting party issues. 3.0 CONCLUSION Parliamentarians are on call on twenty-four hour basis. They often work for long hours in official assignments in committees of the House away from the public glare. Indeed, unknown to the public, the plenary debate in the chamber is the culmination of other activities and processes held elsewhere, among them committee sittings, inspection visit, probes and conferences held to discuss important national issues. There is no doubt that parliament is a critical institution in national governance, and has the potential and capability to transform Kenya into a prosperous nation. However, citizens must actively understand the specific roles of MPs and thereby hold them responsible and accountable to delivery of national goals and aspirations. Parliamentarians are elected to harness the collective energies of the people and channel these towards positive individual and collective advancement. As such the interrogation of the caliber and development philosophy of persons seeking public offices by the voters is fundamental. In most cases, many voters chose or vote in leaders without clear basis of what is required of the leaders once they take office. On the other hand, elected leaders (MPs) should be conscious of the fact that they can immensely contribute to development of the nation through the legislative policies they make or pass in the House. Only they have the privilege to alter society, one way or the other, either positively or negatively. Source: Kenya Department of Parliamentary Research Services, September 2008
Posted on: Wed, 10 Jul 2013 06:34:06 +0000
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