Kenyans are angry with their MPs. This is why
Demonstrators at around Parliament on Tuesday, June 25, 2024 against the Finance Bill, 2024.
The invasion of Parliament on Tuesday afternoon by the anti-Finance Bill 2024 protesters and the hostile reception given to MPs who supported the proposed legislation has highlighted the anger of the public against their leaders.
The bicameral parliament, which has christened itself as the House that protects the interests of the public, has consistently been criticised for ignoring the very public it holds in trust.
In an unprecedented move, the public's action could be interpreted as a vote of no confidence in their elected representative, analysts say.
Read: Inside State House night meetings that informed rejection of Finance Bill
It comes at a time when the 13th Parliament has come under sharp scrutiny, with allegations of graft dogging the institution in the performance of its oversight role, and the opposition and civil society also claiming that it has been reduced to a rubber stamp of the executive.
In addition, the conduct of a number of lawmakers has brought the institution into disrepute, be it in the form of gun drama, public spats, the use of unpleasant language on the floor of the House, and other issues.
The conduct of the leadership of the House has also been questioned, especially in the discharge of their legislative duties and in grassroots politics, where they debate privileged issues in the House.
Political analyst Martin Oloo said the people decided to express their displeasure directly after their leaders failed to listen to them.
"The constitution gives the people the power to exercise their power either directly or indirectly, they chose to exercise it directly after their leaders ignored their views," Mr Oloo said.
"MPs exercise their authority on behalf of the people, if people are unhappy they can tell them to go home and that is what they did," he added.
Former Speaker of the National Assembly Kenneth Marende told Nation.Africa the public is angry with their MPs because they don't listen to their views.
"People feel that parliament has failed them, they feel that it has performed below expectations. When parliament fails in its role of legislation, representation and oversight, that power goes back to the people who gave it to them," said Marende.
"We have seen public participation that was explicit that the Bill is wanting, then parliament has failed to live up to the people's expectation, hence the anger," he added.
Moi University don Masibo Lumala pointed out that people are angry because their elected representatives no longer speak for them.
"The people, about 85 per cent of Kenyans, are against the Finance Bill, so if an MP votes for it, who are they representing? Prof Lumala asked.
"People feel that MPs no longer represent them but have become the mouthpiece of the executive. We see today that before a Bill is passed in Parliament, they are called to State House and told what to do. This means that these people no longer speak for the people," added Prof Lumala.
In the case of the Finance Bill, 2023, where Kenyans gave their input, including opposition to the proposed housing levy, the figure, which was initially capped at Sh2,500, was reduced from 2.5 per cent to 1.5 per cent without the cap.
The passage of the Affordable Housing Act was another area where Kenyans urged the government to make it optional, then the Social Health Insurance Fund (SHIF), among others.
Stakeholders have dismissed the public participation exercise as a public relations exercise to manage their expectations, as the government always seems to have a plan that is executed with the support of the leaders of parliament, regardless of what they say.
As a result, Parliament has yet to enact the Public Participation Bill, either by design or default, as it is still in limbo.
Speaker of the National Assembly Moses Wetang'ula has described the invasion of parliament, which he described as 'hallowed' ground by the protesters, as highly regrettable.
"The invasion of Parliament, the gory images of wanton destruction of property and the desecration of Parliament Square by people disguised as youth and peace protesters who reigned terror on Parliament and forcefully made their way into that hallowed ground is most unfortunate," said Mr Wetang'ula.
Mr Wetang'ula said he was no stranger to the issues raised by the youth but said the conversation should be done in a structured manner.
"I am no stranger to the conversation that has been going on in this country with regards to the Finance Bill and the general state of the economy of this nation, I laud the youth for taking the lead in this discourse," Mr Wetang'ula said.
There is also a sense that a series of unresolved petitions from members of the public, allegations of corruption in August House and accusations that parliament is an extension of the executive and no longer responsive to the needs of the people have fuelled animosity between the masses and parliament.
The public has often expressed frustration with their MPs, claiming that they are ignored even after voicing their opposition to issues before the House.
While MPs live a life of opulence, their constituents wallow in abject poverty, which the public believes is a result of the political decisions they take in Parliament.
Mr Wetang'ula himself is on record expressing frustration at the Public Petitions Committee for 'sleeping' on its job of dealing with petitions brought to Parliament by the people.
In February this year, Mr Wetang'ula expressed concern that there were too many petitions pending before the committee.
This was the second time he had raised concerns about the committee's performance. In August last year, he expressed concern not only about the absence of the chairperson of the committee in the House, but also about the accumulation of concerns from members of the public that remained unresolved.
"There is a bit of concern that there are too many petitions pending before your committee, some of which have gone beyond the stipulated time. I would like to have a meeting with you and your committee so that I can assist you in discharging your duties more robustly," Mr Wetang'ula said as the Speaker looked unhappily at the floor of the House without responding.
"Petitions are time-bound and when you have between 30 to 39 petitions that are out of time, it is not very good," the speaker added.
The Petitions Committee, chaired by Kitui East MP Nimrod Mbai, is one of the new committees in the 13th Parliament to consider public petitions tabled in the House and make appropriate recommendations on the prayers sought in the petitions.
The committee was formed as part of the process of diverting the bulk of petitions from other committees where they took a long time to be dealt with, but it seems that the more things change, the more they remain the same.
MPs have also been accused of looking the other way when critical issues affecting the public come before them, putting private gain before the people.
Recently, allegations of bribery rocked the select committee investigating the impeachment motion against Agriculture Cabinet Secretary Mithika Linturi.
Although a majority of MPs supported the CS's impeachment, the committee saved him, with some MPs claiming they had been bribed for a favourable outcome.
In the Linturi case, it is alleged that some members of the committee were bribed with Sh5 million to save the CS, who was facing imminent impeachment.
In 2018, allegations of bribery also rocked a joint committee on agriculture and trade that was investigating the circumstances under which the government allowed unregulated importation of sugar during a duty-free window opened by the National Treasury in 2017.
Some of the sugar was suspected to be toxic or unfit for human consumption as it was not fully processed.
The joint committee, co-chaired by former Mandera South MP Adan Ali and his Kieni counterpart Kanini, had recommended that Mr Rotich, who was then CS for Finance, CS for Industrialisation Adan Mohamed and former CS for Agriculture Willy Bett be held responsible for the unchecked importation of sugar.
Parliament rejected the report on the grounds that the joint committee had ignored its terms of reference and failed to consider witness statements.
On the day the report was debated, there were allegations that several MPs had been bribed to reject the report. An investigation by the Powers and Privileges Committee confirmed that some MPs had indeed been bribed.
"There may have been bribery of members of the National Assembly to reject the report on the importation of allegedly illegal and contaminated sugar into the country," the committee's report said.
