AMERICAN FILM INSTITUTE GUIDE

TO THEATRE AND MEMBER EVENTS Volume 2 • Issue 6

KENYA

PARLIAMENT
A Publication of
The Kenya National Assembly
Volume 2, Issue 1, May 2010

KENYA'S PLUS:
PROFILE:
Serjeant-At-Arms

CONSTITUTIONAL Department

MOMENT
COVER STORY
The Tenth Parliament could
go down in history as the
one that delivered.
TIME TO DECIDE
THE CLERK
Origins, Roles and
Functions of the Office
of Clerk to the National
Assembly

KENYA PARLIAMENT Magazine

KENYA PARLIAMENT Magazine 2
 Contents
Cover Story 10 - 13

KENYA'S
CONSTITUTIONAL
MOMENT
Editorial 4
Topical
Vox Pop 5 Features
Auditing the Executive 18 Recognition
Profile Absalom Wendo 38

Serjeant-At-Arms
History Awards Of Orders,
Department 6 Decorations And Medals 40
Origins of Parliaments 22
Public Investment
Committee 8
A brief of the 25 African Rhetoric
Third Parliament
PM Speech Executive
Office Opinion
Legislature Meeting 42

Overview The Doctrine

Speaker’s Speech 45

of Separation
Roles and
of Powers 30
functions of Clerk’s office 14

3 KENYA PARLIAMENT Magazine

EDITORIAL

I invite you to
discover more
and enjoy reading
Editor-in-Chief
Patrick G Gichohi
Patrick G Gichohi, CBS
Editorial Leader
Njenga Njuguna

Editorial Advisor trace its origin, mandate membership and

Mark Mwenda Dear Reader,
Editorial
Secretary
Anne Musandu This issue, being the first in 2010, comes
at a momentous time. This is a significant
Editorial
Team Members
period in our history as Kenya’s reform
agenda is ongoing and at a critical stage.
Esther Kamau
Fanuel Aradi We stand at the threshold of enacting a
David Mugonyi new constitution based on the outcome
Japhet Muthomi of the referendum when Kenyans will as of
Leonard Nyapere
Peter Adika right and duty, decide on whether or not
Susan Odhiambo the country begins a new chapter based on
the envisaged new constitution.
Contributors
P. C. Omolo
Bonnie Mathooko
While the draft Constitution was passed by
Parliament on Thursday, April 1 2010, this
Ann Muthoni
Barako Elema issue takes us back to the Parliamentary
Sylvester Ochola Select Committee (PSC) on Constitution
Isaac Songoro Review retreat in Naivasha in February
Peter Nabulindo
Andrew Shangarai 2010. This meeting, though one among
many other consultative fora, stood out as
one that broke the deadlock on chapters
Photography identified as contentious including those
Enos Masinde
Josiah Kagikah
on the Executive, Devolution and Repre-
sentation. There had been concern that
Eric Ogolo
Peter Iraya divergence of opinion would have seen the
process come to a premature end.
We also continue to open our doors
through the ‘Department Profile’ section to
allow the public to understand the admin-
Design, Layout & istration of Parliament. This time round, we
Photography
Mass Inspire C C
give an overview of the Serjeant-at-Arms
www.massinspire.co.ke department. Read more about the history
of the department and the various respon-
sibilities and duties they carry out.
A new series begins that profiles parliamen-
Publisher tary committees. These committees are the
Kenya National Assembly core at which the legislature carries out its
© copyright Kenya National role of oversight of the Executive. We take
Assembly
an insightful look at the Public Investments
Committee (PIC), one of three watchdog/
investigatory committees. Take time to
operations.
The Office of the Clerk as a constitutional
office is featured. The origin of this office
is traced to the House of Commons in the
United Kingdom. Today, in Kenya as is gen-
erally the case in other jurisdictions within
the Commonwealth, the Clerk of the Na-
tional Assembly is the administrative Head
of the House, and the Accounting Officer of
the National Assembly among other roles.
There is a rich history and tradition from
which modern Parliaments originate. In-
deed, the modern cannot disassociate itself
from the past. The article on the ‘Origins
of Parliament’ is an eye-opener and an
indicator that while the modern Parliament
has evolved tremendously, its rich past has
been built upon rather than discarded.
In our ‘One on One’ section, we talk to Hon.
John Olago Aluoch, MP and Hon Joseph
Lekuton, MP about the Pensions Amend-
ment Bill, the Animal Technician Bill and
Unclaimed Financial Assets Bill respectively.
You may like to know what motivated them
to draft the Bills and what issues they ad-
dress. In future, we shall talk to other Mem-
bers with Private Members Bills to give us a
better understanding of the impetus behind
their quest to champion the amendment of
existing laws or the creation of new ones.
I invite you to discover more and enjoy
reading what we have to offer in this issue
of the magazine. Your valuable feedback is
most welcome and it is my desire that you
will readily share this information with oth-
ers. God bless you.
Patrick G. Gichohi, CBS,
Editor-in-Chief and
Clerk of the National Assembly

KENYA PARLIAMENT Magazine 4


La Vijana
BUNGE
Thurdibuoro Secondary School students from South Nyanza on a tour of Parliament gave their views about their country.
I like the system of education. It is the key to
success hence it is very important to Kenyan
children. The Government has tried so hard
to make sure that every Kenyan child gets
education by introducing free primary and
secondary education. I think this is a good
thing for all Kenyans.
Lavenda Awuor
Thurdibuoro Secondary School
Form 4, 20 years
I like the country’s governance that is based
on peace, love and unity. I like how the Gov-
ernment spends its revenue through sup-
porting free primary and secondary educa-
tion. I like the government since it respects
the rights of citizens. The Kenya Police works
hard together with the citizens to fight crime.
Kenya is a peaceful country hence loved by
many. Through this, we get tourists. I like the
security given by the Kenya armed forces.
Emelda Dinda
Form 4, 17years
VOX POP
Our country Kenya is a well developing na-
tion with able and strong leaders who fight
for freedom and truth. Our country has been
known all over the world for its performance
in sports activities especially athletics. It is
also known for its attractive tourism features
rendering it as one of the best tourist destina-
tions in the world. I like Kenya and would like
to work hard to build it.
Alala O. Alphonce
Form 4, 18 years
Our
I admire the diversity of natural resources.
count
ry
Our country Kenya is one of the most
privileged countries because of its diverse re-
Kenya
sources. This calls for co-operation of citizens
to ensure that the available resources are uti-
lized for the betterment of our dear country.
Okoth Jessy Grey
Form 4, 18 years
5 KENYA PARLIAMENT Magazine
DEPARTMENT PROFILE
SERJEANT-AT-ARMS
DEPARTMENT
The Serjeant-At-Arms is the overall
security provider and housekeeper
of Parliament buildings. The office is
responsible for the maintenance of
buildings, furniture and institutional
property. This term was first thought
to have originated from Rome during
the time when senior officers of state
chose 12 patricians who acted as their
bodyguards. Their juniors were allowed
six bodyguards. They were answerable
only to their masters where they took
precedence according to the boss’s
rank.
Therefore, the title of Serjeant-At-Arms
appeared during the crusades, at a
KENYA PARLIAMENT Magazine 6
time when Philip II of France formed
special corps to guard him in the Holy
Land in 1192. The Serjeant-At-Arms is
responsible in Parliament while clad in
armour and carried a decorated battle
mace which symbolized a weapon and
a badge of their office. On the other
side of the Serjeant-At-Arms, Phil-
lip Marsden says that in 1415 in the
House of Commons, the commoners
introduced Serjeant-At-Arms in order to
enforce parliamentary privileges.
By Andrew Shangarai Jumanne
Mr Aloisio Lekulo, Chief Serjeant-At-Arms
Departmental Structure
The Serjeant-At-Arms is one of the depart-
ments alongside other departments with
directorates that reports to the Speaker
and the Clerk directly, based on the nature
of duty and role it plays.
Below the Serjeant-At-Arms are the Com-
missionaires, Security Wardens and Office
Attendants as an auxiliary wing under
the office services manager that provides
office cleanliness services. In collateral
to this, the Serjeant-At-Arms department
works closely with the maintenance sec-
tion for their requisite functions and roles
of housekeeping.
Mission Statement
To provide security services, ceremonial
duties and housekeeping services in ac-
cordance with the Parliament tradition
Values
Confidentiality, dedication, honesty,
objectivity, cleanliness

By virtue of king’s insignia of the mace, the Serjeant-
At-Arms was empowered to exercise royal authority
over other fellow ordinary citizens through the instruc-
tions of the speaker and when parliament was not sit-
ting, he returned to duty in royal Household commonly
called the Palace.
Backkground
Historically within the Commonwealth, the Serjeant-At-
Arms (SAA) was and still is a senior official of parlia-
ment who is responsible for parliamentary security and
housekeeping services. The office is responsible for the
mace, the symbol of authority of the House, and leads
the daily procession into the Chambers.
Departmental Structure
The Serjeant-At-Arms is one of the departments that
reports to the Speaker and the Clerk directly, because
DEPARTMENT PROFILE
the Speaker’s procession to the House during sitting days, official State
opening and during national address functions such as Budget Day. An-
other vital function is enforcing compliance with the Speaker’s instruc-
tions in dress code and proper decorum, which often involves ejection of
defaulting Members of Parliament from the Chamber. Officers from the
department also ensure that visitors to the Speaker’s Gallery observe
the approved instructions of silence and decorum when listening to
debates.
Clapping of hands, booing, whistling, ululating and interjecting by visi-
tors in the Speakers’ Gallery is not allowed. His main role, therefore, is
the maintenance of law and order and the execution of warrants in the
old days. As expressed by Marsden, the Serjeant-At-Arms was the Com-
mons ‘Usher’ and door-keeper who stood for security.
The House Keeping Services
The SAA through the Housekeeping section oversees the cleaning and
renovation of the interior and exterior of Parliament buildings. This was
also highlighted by Phillip Marsden that a Serjeant-At-Arms is a house-
keeper who keeps the cleanliness of the palace and keys safely. The
delivery of mail within and outside the Chambers is carried out by the
orderlies. A specialized and qualified group of orderlies is designated as
commissionaires to provide security and messengerial services to Mem-
bers of Parliament and attend to the Chair during House sittings and in
other committee meetings.

LIST OF CHIEF SERJEANT AT ARMS OFFICE HOLDERS SINCE

INDEPENDENCE

Name Period Status

Major M. G Eliot 1956-1964 Serjeant at Arms
Mr. J. O Rambaya 1964-1966; Serjeant at Arms
Mr. John Barasa Khaoya 1965-1974- Acting Serjeant
1974-1981- Confirmed Serjeant
Mr. F. W. O Omondi 1981-1985 Acting Serjeant
1985—1987 Confirmed Serjeant
Mr. Obadiah. V Ndivo 1987- 1989 Acting Serjeant
Mr. Michael Ole Kiruswa 1989 -2003 Chief Serjeant at Arms
Maj (Rtd). Edward Waithaka 2003-2006 Chief Serjeant-at Arms
Mr. Aloisio Lekulo 2006-2009 Acting Chief Serjeant
2009- to-date Chief Serjeant at Arms

Note
Chief Serjeant-At-Arms, Mr Aloisio carrying the Mace in a procession 1. Mr. S. Gitau Kibuthu, an Assistant Serjeant at Arms was seconded
by Major M. G. Eliot to serve the Senate as acting Serjeant at Arms,
during its short life in 1964-66 ;
2. Many of the Serjeant at Arms officers have a background from the
of the nature of duty and role it plays.
disciplined forces, be it the police or military;
3. No woman has ever headed the office of Serjeant at Arms
Below the rank of Serjeant-At-Arms are the Commis-
sionaires, Security Wardens and Office Attendants,
an auxiliary wing under the office services manager
that provides office cleaning services. In addition, the
Serjeant-At-Arms department works closely with the Andrew Shangarai Jumanne
maintenance section for their requisite functions and is a Senior Commissionaire
roles of housekeeping. in the Serjeant-At-Arms Dept.
The office operates and is guided by the principles
of confidentiality, dedication, honesty, objectivity and
cleanliness.

The Ceremonial and Security Duties:

The Serjeant-At-Arms carries the mace when leading

7 KENYA PARLIAMENT Magazine

PUBLIC INVESTMENT COMMITTEE
UNDERSTANDING
PARLIAMENTARY
OVERSIGHT:
PUBLIC
INVESTMENTS
COMMITTEE
Some Members of the PIC from L to R: MP, Hon.
Mithika Linturi, MP (Chairperson), Hon. (Dr.) David
Eseli, MP and Hon. John Mbadi, MP
Introduction
When the terms, watchdog or investiga-
tory committees are used, many people
would most likely associate them with
particular parliamentary committees or
at the very least, to Parliament. If asked
further, many will readily point out the
parliamentary committees to which
these references typically apply. Three
parliamentary committees carry the
watchdog or investigatory mantle: The
Public Accounts Committee (PAC), the
Public Investments Committee (PIC) and
the Local Authorities and Funds Accounts
Committee (LAAFC). It is imperative that
the public clearly understands their differ-
ent mandates and roles in parliamentary
oversight.
In this issue, we will explore the origin,
mandate and operations of the Public
Investments Committee. If you are keen
to understand Parliament’s push towards
KENYA PARLIAMENT Magazine
ensuring greater accountability and trans-
parency in the utilization of public funds,
then read on.
Origin
The PAC was established in 1948, when
the UK government passed a law (Orders-
in Council) for the colonial government
in Kenya to start accounting to the
Legislative Council for the tax collected
as well as grants remitted from England.
PAC played the sole and pivotal role as
watchdog of public funds, in particular,
as authorized by the House in the Ap-
propriations Act and the Estimates of
Expenditure for each fiscal year. However,
it became evident that certain aspects
of public expenditure required exclusive
oversight. The mandate of the Public
Accounts Committee was wide and this
meant that its effectiveness was spread
out too thin. Consequently, at the end of
the Fourth Parliament (1974-1979), the
8
By Anne Musandu
House resolved to amend its Standing
Orders to create a separate committee to
supervise and scrutinize audit reports of
state corporations or public investments
or as they are more commonly referred
to, parastatals. It is worth noting that
according to the State Corporations Act,
Section 3 (1), the President may, by order,
establish a state corporation as a body
corporate to perform the functions speci-
fied in the order.
Mandate
The Public Investments Committee was
thus established as a standing select
committee and to date, executes Parlia-
ment’s role as custodian and watchdog
of public funds invested in state corpora-
tions.
Today, PIC derives its mandate from
Standing Order No.188. Its functions are:
● To examine the reports and accounts of

the public investments;
●● To examine the reports, if any, of the Controller and Auditor
General on the public investments;
●● To examine in the context of the autonomy and efficiency of the
public investments, whether the affairs of the public investments
are being managed according to sound financial or business
principles and prudent commercial practices.
On the other hand, Standing Order No. 188 further states that
the Public Investments Committee shall not for instance, examine
matters of major Government policy as distinct from business or
commercial functions of public investments and matters of day-to-
day administration.
Membership
Standing Order No. 188 also provides that the PIC shall consist
of a Chairperson who shall be a Member who does not belong
to a party in Government and further that in the membership,
opposition parties shall have a majority of one. Currently, it is not
possible to adhere to this requirement owing to the nearly all-
inclusive nature of Kenya’s Coalition Government. We can look at
this not as a setback to transparency and answerability but as an
opportunity for PIC to carry out its mandate within the elemental
context of national unity.
The membership of the PIC is as follows:
1. Hon. Mithika Linturi, MP (KANU) - Chairperson
2. Hon. Yusuf Chanzu, MP (ODM) - Vice Chairperson
3. Hon. David Were, MP (ODM) parliamentary privilege conferred to the House, Committees and
4. Hon. Silas Ruteere, MP (MAZINGIRA)
5. Hon. John Mbadi, MP (ODM)
6. Hon. Luka Kigen, MP (ODM)
7. Hon. Johnson Muthama, MP (ODM-K)
8. Hon. (Dr.) David Eseli, MP (FORD-K)
9. Hon. Sammy Mwaita, MP (ODM)
10. Hon. Cyrus Jirongo, MP (KADDU)
11. Hon. Ephraim Maina, MP (SAFINA)
Once constituted by the House following the general elections,
the Committee remains in place for a period of three years. After
this period, the Committee must be reconstituted to serve for the
remainder of the parliamentary term.
How does the Committee carry out its mandate?
Committee Operations
As summarized in one of the Committee’s briefing documents,
each year, all parastatals prepare and submit their accounts to the
Controller and Auditor General to audit. The Controller and Audi-
tor General examines and audits these accounts and expresses an
opinion and certifies the results of the examinations and audits. A
report is prepared on the examinations and audits and submitted
to the Minister for Finance. The Minister for Finance lays the audit
report before the House. These reports consequently stand com-
mitted to the PIC.
The Committee then selects reports of various parastatals for
consideration and invites the Chief Executive Officers in writing on
specific days to appear before the Committee. Each invitation is
copied to the State corporation’s parent ministry, the Permanent
Secretary (Ministry of Finance), the Investment Secretary (Ministry
of Finance), the Inspector-General, Corporations (Office of the
Prime Minister) and the Controller and Auditor-General (Kenya
National Audit Office). The Ministry of Finance, Inspectorate of
State Corporations and the Kenya National Audit Office comprise
the technical arm of the Committee. These key partners in public
PUBLIC INVESTMENT COMMITTEE
service complement each other.
When the Chief Executive Officer, who is the accounting officer
for the State corporation appears before the Committee, he or
she is expected to respond to every audit query raised by the
Controller and Auditor General. The Chief Executive is further
interrogated by the Committee. The Committee receives both
written and oral evidence from which it forms an opinion on each
issue raised.
On concluding evidence, the Committee compiles its report that
proposes recommendations for action to ensure that public re-
sources are not misappropriated but utilized for the purposes for
which they are intended. The reports of the Committee are tabled
in the House, debated and adopted. The onus then is on the Min-
istry of Finance to make a follow up of the implementation of the
recommendations of the Committee. In this regard, the ministry
reports progress in a Treasury Memorandum.
The Committee also looks into other matters not necessarily
raised as audit queries but which in one way or another, impact
on the prudent management of public funds. For instance, with
regard to Kenya Pipeline Company, the Committee is currently
looking into the loss of Kshs.7billion worth of petroleum through
Triton Petroleum Company Limited and also matters related to
the Mombasa-Nairobi oil pipeline (Line 1) capacity enhancement
project.
The entire roles and functions of the PIC are carried out under the
individual members by the National Assembly Powers and Privi-
leges Act, Cap. 6; Laws of Kenya. Thus, the Committee has the
power to travel within Kenya to gather evidence, call witnesses
and order the production of papers and documents. All witnesses
appearing can be examined under oath and enjoy the privilege as
that of witnesses before a court of law.
The work of PIC is not without challenges. One major test is the
huge backlog of audit reports of State corporations yet to be con-
sidered by the Committee. It is noteworthy that there are about
253 State corporations. This figure is not static and changes from
time to time. The Committee has with due effort, been able to
bring up to date the consideration of reports of many parastatals.
Another challenge is the slow or non-implementation of the
Committee’s recommendations. However, it is intended that the
establishment of the Committee on Implementation (Standing
Order No. 196) in Parliament to follow up on the implementations
of resolutions of the House will mitigate this setback.
Although the work of PIC is post-mortem, its reports are forward
looking and seek to offer firm guidance on how to tackle the
causes of the shortfalls emanating from the review of audit re-
ports. Occasions do arise when the Committee is obliged to make
recommendations proposing amendments to statutes. You might
be asking where the public is in all this. All proceedings of the
Committee are open to the public unless it otherwise decides, for
instance when considering its recommendations for the purposes
of writing and compiling its reports.
Anne Musandu is a Clerk Assistant
9 KENYA PARLIAMENT Magazine
COVER STORY

KENYA'S
CONSTITUTIONAL
MOMENT Hon. Marende, Hon. Wako and Hon. Abdikadir during the
TIME TO DECIDE presentation of the proposed constitution after the House’s
approval in April 2010.

By David Mugonyi

After 11 days of day and night negotiations, Members of Parlia-

ment managed to break the Constitution deadlock that has
dogged the country for over two decades.

The Tenth Parliament The breakthrough came just days after the Coalition Management
Committee had failed to break the stalemate.

could go down in The 26-member parliamentary select committee at times dif-

fered but the realization that the nation was more important

history as the one

than selves made them toil together through long hours. Eventu-
ally they crafted a document that has been embraced by many
Kenyans.

that delivered There was a sigh of relief especially when the MPs brokered a
deal on the system of Government, voting unanimously for the
presidential system.

KENYA PARLIAMENT Magazine 10

 COVER STORY
reforms too targeted the seat of the
Executive which wielded a lot of power
over all other arms of the government.
In the 2005 referendum, again, it was
the Executive arrangement that caused
the division within NARC resulting into
a choice between Orange and Banana,
with the former handing the draft a
defeat.

It was, therefore, not surprising that

the 26-member PSC attending the With these
retreat at the Great Rift Valley Lodge
too had the same difficulty. On the one extreme posi-
hand was a group that favoured a pure
parliamentary system with a ceremonial
president as head of state. An all-pow-
tions, the PSC
erful prime minister elected by parlia-
ment from the party with majority MPs,
not only had
or one whose coalition would head the
government. a difficult task
On the other hand a set of MPs wanted
a pure presidential system with the reconciling the
president as the head of state and
government. two views but
With these extreme positions, the PSC
not only had a difficult task reconciling had to contend
the two views but had to contend with a
coterie of legal advisers who accompa- with a coterie
nied them to Naivasha.

The PSC was well aware of the desire

of legal advisers
by Kenyans to get a new constitu-
tion. Hence, pushed to a corner by an
who accompa-
unrelenting and sometimes unforgiv-
ing public, the MPs crafted a draft nied the MPs to
law agreeable to different party and
individual interests. Naivasha.
Interviews with a cross-section of MPs

According to National Assembly Speaker Kenneth

Marende, the achievements by PSC should be ap-
plauded because it had brought the country to the
dawn of a new constitution.

The parliamentary select committee held 46 sittings

in the performance of its functions under the Review
Act. Among the hurdles in the draft constitution
handed over to the PSC by the Committee of Experts
were the chapters on Executive, Devolution and Rep-
resentation. In the entire history of the campaign for
a new constitutional dispensation, the Executive has
been variously the target of activists.

The 1990s blood-spattered fight for constitutional

Yearning to know: a mother carrying her child while reading the draft of the harmonised constitution

11 KENYA PARLIAMENT Magazine

COVER STORY

“We love our

country that is why
we work hard, all we
are asking is a good
constitution”

KENYA PARLIAMENT Magazine 12


soon after the 11-day retreat at the Great
Rift Valley Lodge painted a picture of talks
characterized by intense negotiations
culminating in the agreement.
In the entire process, efforts of the PSC
chairman, Mandera Central MP Abdikadir
Mohammed cannot be ignored.
The last Grand Coalition Committee
meeting attended by President Kibaki and
Prime Minister Raila Odinga at Harambee
House just before the retreat played a
major role as it smoothened the way for a
deal on the Executive and other conten-
tious issues.
On representation, it would be remem-
bered that prior to the Naivasha retreat,
two camps had emerged: Those who
wanted redrawing constituency bounda-
ries based on the population (one man
one vote) and those for one kilometre one
vote based on the area.
Although the PSC could boast of its
splendid job and hammering the deal that
gave the country one system of Govern-
ment, the Committee of Experts carried
the major task of redrafting the proposed
constitution.
However, when the draft constitution was
presented to Parliament towards the end
of March, MPs failed to make any amend-
ments despite lining up 179 changes.
Suspicion and divergent interests among
the members played a big role in the
failure to make the changes. None of the
amendments attracted the mandatory 65
per cent (145 members) to change the
draft.
Before the draft was tabled in the House,
an MP’s retreat to build consensus on the
draft failed to agree on the way forward
on the issue of devolution. Whereas some
members preferred the 47 counties in
the current proposed constitution, some
wanted them increased to 74 while others
preferred 80.
Proposals to have the country adopt a
three-tier government — national, regional
and county was heavily opposed by a sec-
tion of lawmakers. The proposed constitu-
tion has a two tier government: National
and County.
All in all, MPs unanimously passed the pro-
posed constitution, which saw President
Kibaki attend the session as Member of
Parliament for Othaya.
However, there were dissenting voices
from a section of lawmakers from the
Cycling to the market place (life in the country side)
COVER STORY
expansive Rift Valley Province led by
nominated MP Musa Sirma and Belgut’s
Charles Keter who said they would lead
their followers to reject the proposed
constitution.
The proposed constitution is a product of
two decades of clamour. It also is a prod-
uct of Agenda 4 of the National Accord
and Reconciliation Act, which requires a
new Constitution for Ken­ya to be enacted
in order to achieve lasting peace in the
country after the unprecedented violence
that followed the 2007 General Election.
Parliament enacted the Constitution of
Kenya (Amendment) Act, 2008 and the
Constitu­tion of Kenya Review Act, 2008
to provide the legal basis for writing a
new constitution.
The Act recognizes three main players in
the review process namely, the Committee
of Experts, the National Assembly and the
referendum.
The Remaining Phases
The Attorney General publish the draft
constitution within 30 days after it was
handed to him by the Speaker of the
National Assembly following endorsement
by Parliament.
The Interim Independent Electoral Com-
mission will declare the date of the
referendum within 90 days after the AG
published the proposed constitution.
During this period, the Committee of
Experts is expected to conduct civic
education. A 30-day period is set aside for
educating the public on the document.
The IIEC is expected to publish the
referendum results within two days after
voting. And finally, the publication and the
promulgation of a new constitution if the
draft is accepted by the people.
David Mugonyi is the Parliamentary
Media Relations Officer
13 KENYA PARLIAMENT Magazine
OFFICE OVERVIEW
Patrick G Gichohi, in official garb
KENYA PARLIAMENT Magazine
THE OFFICE
OF CLERK
Many people get fascinated with
the title of ‘Clerk’ simply be-
cause they cannot reconcile the
conventional perception of the
title’s meaning and the weight
that it carries when used in the
Commonwealth Parliamentary
systems.
Whereas the conventional usage
refers to a person who carries
out clerical duties, in parliamen-
tary terms, the Clerk is the Chief
Adviser on Parliamentary Pro-
cedures, practices, conventions
and traditions to the Speaker,
other Presiding Officers and to
all Honorable Members including
Cabinet Ministers. He or she
is the administrative head of
the House and the Accounting
and Authorized Officer for the
National Assembly.
The origins of the Office of the
Clerk is traced to the House
of Commons in the United
Kingdom.
The first appointment of an offi-
cial to attend on Parliament as a
whole in a secretarial or record-
ing capacity dates backs to 1315.
By 1363, the House of Com-
mons (Lower House or House of
14
By Njenga Njuguna
Representatives), as an institu-
tion was sufficiently distinct
from the Lords, (Upper House)
that the King was prepared to
pay a Chancery Clerk to serve
the Lower House permanently.
Robert de Melton - about whom
little is known apart from his sal-
ary of KShs. 610 a year for life
- was nominated as Under-Clerk
of Parliament. Until the begin-
ning of the 16 century, all these
Under- Clerks were also Clerks
in Chancery.
John Hatsell, who was Clerk of
the House from 1768 nominally
until 1820 set his department
again on a procedural course,
writing a textbook on proce-
dure still in use today, both in
Britain and abroad. After a brief
interval, Sir Thomas Erskine
May succeeded to the Clerkship.
Before his retirement and death
in 1886, he had securely laid
the foundations of the modern
Clerk’s Department, editing nine
editions of his Parliamentary
Practice in his lifetime. He gave
evidence before a long proces-
sion of select committees on
procedure, whose recommenda-
tions transformed the way in

Patrick G Gichohi, CBS, Clerk of the National Assembly
to the Chairman and the
Commission for the general
working and efficient conduct
“there shall be a Clerk of the of the business of the Service.
The Commission is mandated
National Assembly and such to delegate to the Clerk such
of its functions as are neces-
other officers and staff as sary to carry out the day-to
day management of the
may be appointed for the pur- National Assembly.
poses of the National Assem- Role and Functions of the
Clerk
bly in accordance with section The role and function of the
Clerks and their staff are by
45B” and large the same within the
Commonwealth – variations
that may exist are of detail
and nomenclature. The Clerk
of the National Assembly is
which the House did its business. One of the Speakers whom the administrative head of
he served wrote to his successor on his retirement: “My the House. He is also the Ac-
advice to you will be trust, May and the House”. counting Officer and Author-
ized Officer for the National
Status of Clerk’s Office in Kenya Assembly. He is the Secretary
Section 45, and specifically clause (2) of the Constitution of to the Parliamentary Serv-
Kenya, states “there shall be a Clerk of the National Assembly ice Commission and is also
and such other officers and staff as may be appointed for responsible for all policy and
the purposes of the National Assembly in accordance with organizational matters relating
section 45B” to the National Assembly. He
is the principal advisor on
According to the Parliamentary Service Act 2000, Section 13 parliamentary procedures,
(1), the Clerk of the National Assembly is the Chief Executive practices, conventions and
of the Parliamentary Service. The Clerk is also responsible traditions to the Speaker of
15
OFFICE OVERVIEW
the National Assembly, other
presiding officers and to all
Honourable Members including
Cabinet Ministers. The Clerk is
also the Honorary Secretary
and Treasurer of the Common-
wealth Parliamentary Associa-
tion – Kenya Branch, and the
Inter-Parliamentary Union –
Kenya Group, respectively.
In accordance with Section 13
of the Parliamentary Service
Act, No.10, 2000, the Clerk is
appointed to office by and is
responsible to the Chairman
Parliamentary Service Com-
mission who is the Speaker
of the National Assembly. The
retirement age is 60 years
just like other officers in the
Parliamentary Service.
The Clerk’s responsibilities are
to the House as a whole and
his advice and assistance on
procedure is available to all
Members of the House regard-
less of office held; individuals
Members and parliamentary
party groups have thus an
open invitation to seek proce-
dural advice from him at any
time; he has custody of the
journals and records, and all
KENYA PARLIAMENT Magazine
OFFICE OVERVIEW
papers and accounts presented or belonging to the House and its
committees.
The Clerk is present in the House during most sittings, occupying
a seat just below the chair of the Speaker in the pit of the Cham-
ber; and is constantly available for consultations. In the course of
debate, the Presiding Officer on many an occasion has to make
decisions on the spur of the moment and give rulings in cases
involving interpretation of the rules of procedure. Although he is
guided by precedents, their application creates ticklish problems
as they are applied in the background and the circumstances
peculiar to each case. In such delicate situations, one witnesses
the Clerk personally going over to whisper some points to help
him or her to give immediate rulings. The Clerk does not impose
his suggestions. Being the principal adviser to the Presiding Of-
ficer, he merely offers his opinion and it is for the latter to accept
it or not.
Out of this emerges a clear cut area of demarcation in the
disposal of work concerning parliamentary and administrative
matters. Normally, the Clerk determines what matter he would
dispose of himself. In cases of doubt and difficulty, however, he
consults the Speaker. Hence, the Clerk acts as an adviser to the
Speaker in the matter of exercise of all powers and functions that
belong to the Speaker and through him to the House.
The Clerk is the returning officer during the election, and subse-
quent swearing in of a new Speaker of the new Parliament. He
or she administers the oath to the new Speaker who thereafter
takes over and administers the oath of office to newly-elected
Members of Parliament. The Clerk also presides over the elec-
tion of Committee Chair and Vice-chair upon constitution of new
House Committees.
Procedural Functions of the Clerk
Section 14 of the Act, defines the procedural functions of the
Clerk. These include; rendering expert, non-partisan and impartial
advice to Members of the National Assembly on parliamentary
procedure and practice; and carrying out such other duties and
exercising powers as may be conferred on him by the law or by
Standing Orders and practices of the National Assembly.
In so doing, the Clerk is assisted by such other officers of the
Service as may be necessary. The Clerk and his assistants sit at
the Table of the House strategically sited close to the Speaker
between the Government and Opposition front benches. The Clerk
of Parliament sits for a significant proportion of each day in the
Chamber of the House, and keeps a supervisory watch over its
proceedings. He calls on the business of the House as laid down
in the Order Paper (Agenda) and participates in certain ceremo-
nial occasions.
The Clerk of Parliament is responsible for maintaining the authen-
tic records of proceedings of the House and signs or endorses all
orders and official communications of the House. The Clerk enters
in the Minute-book the decisions and proceedings of the House
for subsequent publication in the Votes and Proceedings as part
of the Journal records of the formal business of the House. He is
also responsible for preparing the texts of Acts of Parliament and
for endorsing the proper copies of Bills and Acts.
While at the Table, the Clerk may be called on to give immediate
procedural advice to the Speaker, Deputy Speaker or any other
Member presiding. There is of course much daily procedural advice
to be given other than at the Table of the House. For example,
KENYA PARLIAMENT Magazine 16
the Clerk will normally assist the Speaker to prepare for a sitting,
discussing at a regular daily or weekly briefing any foreseeable
issues of procedural difficulty. Just as is the practice in UK, many
of the formal responsibilities of the Clerk of the House are similar
and nearly as old as the office itself. But from day to day the
advice given on a broad variety of topics to the House, Speaker
and Members is never less than up to the minute.
Dress
For ceremonial occasions such as the State Opening of Parliament
and when at the Table of the House, the Clerk wears a blue silk
gown, with a black cloth court dress and waistcoat, black cloth
trousers, white shirt and white bow tie with a wing collar.
Chronology of Clerks Who Have Served the Kenya Parliament
Since the Colonial Period
The following is a list of the Clerks and Acting Clerks who have
served in the independent Parliament of Kenya and the pre-inde-
pendent Legislative Council.
1. Mr. G.R Sandford, Clerk to the Legislative Council
(Leg Co); 1926, 1929-1930
2. Mr. G. Beresford Stooke, Acting Clerk of Leg Co; 1931;
3. Mr. H.E Bader, Acting Clerk of Leg Co; 1932-1933;
4. Mr. J.F.G. Throughton, Acting Clerk of Leg Co; 1934-1935;
5. Mr. R.W.C Baker-Beall; Acting Clerk of the Leg Co;
1936-1938;
6. Mr. C.M. Deverell ; Acting Clerk to the Leg Co; 1939
7. Mr. R.P Armitage; Acting Clerk to the Leg Co;
1940-1943;
8. Mr. K. W Simmonds, Acting Clerk to the Leg Co;
1944 -1946;
9. Mr. R. Tatton Brown, Acting Clerk to the Leg Co;
1947-1948;
10. Mr. W. Padley, Acting Clerk to the Leg Co; 1946-1947;
11. J.L.H Webster, Acting Clerk to Council 1948
12. A.M Willkie, Acting Clerk to Council; 1948 -1950;
13. T.V.N Fortescue, Acting Clerk to Council, 1950-1951;
14. J.H Butter, Acting Clerk to Council, 1951-1952;
15. A.W. Purvis; Clerk of the Council, 1953-1959;
16. J.R. Nimmo, Acting Clerk of the Council; 1959-1963;
17. H. Thomas, Clerk of the House of Representatives,;
1963- 1964;
18. C.R. Coelho, Acting Clerk, House of Representatives;
1965-1966;
19. Mr. L.J. Ngugi, Clerk to the Senate; 1963-1966;
20. Mr. L J. Ngugi, Clerk to the National Assembly;1967 -1986;
21. Mr. J. K. Masya, Clerk of the National Assembly; 1986-1999;
22. Mr. S.W. Ndindiri, Clerk of the National Assembly;
1999-2008;
23. Mr. Patrick G. Gichohi, Clerk of the National Assembly;
2008 to date
Mr. Njenga Njuguna is the Head of Legislative
Research Department of Kenya National Assembly
17 KENYA PARLIAMENT Magazine
TOPICAL FEATURE

AUDITING THE
EXECUTIVE By P.C. Owino Omolo

Unless Parliament audits

Government properly, public
funds may be spent
disproportionately

His Excellency President Mwai Kibaki, CGH, MP

addressing the Nation

KENYA PARLIAMENT Magazine 18


Whereas the representation and legisla-
tion roles of Parliament are straight for-
ward and readily accepted, not many peo-
ple have fully appreciated and accepted
its oversight role over the Executive.
The legislative and representative func-
tions are explicitly expressed in the Con-
stitution. e.g., Section 30 stipulates that:
“The legislative power of the Republic
shall vest in the Parliament of Kenya…”
Section 46(1) goes further to explain
how “the legislative power of Parliament
shall be exercised by Bills passed by the
National Assembly.”
On representation, Section 31 states that:-
“Subject to this Constitution, the National
Assembly shall consist of elected mem-
bers elected in accordance with Section
32, and nominated members appointed
in accordance with Section 33 of the
Constitution.” The Electoral Commission
is established under Section 41. Section
42 sets out how constituencies are to be
created.
However, the oversight role Parliament
exercises over the Executive is not clearly
documented. The Constitution merely
states in Section 17(3) that: “The Cabinet
shall be collectively responsible to the
National Assembly for all things done by
or under the authority of the President or
the Vice-President or any other Minister
on the execution of his office.”
Since ministers are answerable to Parlia-
ment for everything they do, Parliament
can probe any actions of the Government
without any apology. Under Section 56,
Parliament can establish its own Stand-
ing Orders to regulate its procedure and
committees “for such general or special
purposes as it thinks fit”. In short, this is
how Parliament audits the Executive.
It is the most important function Par-
liament does almost on a daily basis
through asking questions to ministers,
interrogating ministerial statements, con-
ducting committee inquiries and debating
Motions and Bills.
A good Parliament must, therefore, ensure
that it not only makes good laws but
must also ensure that all those good laws
are enforced fairly by the Executive.
Unfortunately, auditing Government
seems to have acquired some nega-
tive connotation for it is associated with
Executive inability to properly account
for funds entrusted to it. This is just
one aspect of probing the Government.
Delivering public service efficiently and
effectively is another aspect.
The Government’s mandate to intervene
in public affairs in order to protect public
interest is always expanding against the
ever overstretched or diminishing public
resources available to execute such
mandate. Cost control must, therefore,
be strictly adhered to in managing public
expenditure. The old habit of tax and
spend by Government must stop and due
attention paid to quality in the delivery
of public service. Quality goes in tandem
with equity, egalitarianism, access and
affordability.
In education, for instance, Parliament
ought to probe the Executive to ensure
that the huge sums of money being spent
on education achieve some tangible value
addition to the quality of the human re-
source produced. On whom is this money
being spent?
A good Parliament must, therefore,
ensure that it not only makes good
laws but must also ensure that all
those good laws are enforced fairly by
the Executive.
How much of it goes to pay salaries,
putting up public infrastructure, curriculum
development, supervision, etc? In the U.K.,
for example, only 7% of British students
in secondary schools attend high cost pri-
vate schools. The admission of students
at both Oxford and Cambridge Universi-
ties comprises 45% of students from
private schools. Further analysis reveals
that over 70% of the top executives in
the public and private sectors are former
students from these two universities. This
is elitism per excellence! But remember,
the class system has existed in England
for many centuries and has some element
of historical justification. You are free to
disagree!
MPs have used the Constituency Develop-
ment Fund (CDF) to put up very impres-
sive public infrastructure in the country-
side. These were rare in Kenya until the
CDF was introduced five years ago and
Members should be commended for this.
Nevertheless, the CDF is not capable of
ensuring quality control in the training of
teachers, efficient and effective delivery
of service to the students, curriculum
development, nor can it ensure proper
utilization of facilities in schools. It cannot
get involved in the training and supervi-
sion of the health personnel and the
distribution of drugs across the country.
It lacks the requisite expertise, financial
TOPICAL FEATURE
resources, organizational skill and legal
mandate to do all that.
The only competent authority to do this
is the Executive. Unless Parliament audits
Government properly, public funds may be
spent disproportionately to provide edu-
cation and health services to the rich at
the expense of the poor. The country can
easily end up with a class system created,
promoted and protected by public funds
under the supervision, provision, direction
and authority of Parliament.
Fortunately, this problem is not peculiar
to Kenya. The rich and powerful in every
country are always better organized and
more articulate in expressing and protect-
ing their economic interests. They donate
generously to fund political campaigns.
Small wonder, through the economics of
command and control, several third world
governments find it easier to pay poor ru-
ral farmers a pittance for their produce so
as to cheaply feed the better of urbanites.
Indeed, the poor usually subsidize the rich
in so many subtle and unsubtle ways that
are seldom apparent to parliamentarians.
In Kenya, for instance, majority of the
voters are poor people who cannot influ-
ence government policy to protect and
promote their interests. Parliament must
speak and properly audit the Executive
on behalf of the people so that their
interests are taken into account in the
Budget. If this is not done, the public will
continue to regard the Government as
an instrument used by the rich to rob the
poor of their collective wealth. An ineffec-
tive Parliament that remains insensitive
to public plight due to its inability to audit
Government policies and ultimately influ-
ence those policies to institute effective
anti-poverty projects and programmes is a
Parliament that is not worth public notice,
leave alone public sympathy and support.
Yet, it is this type of audit on the qual-
ity of public policy and service delivery
that is preciously lacking in Third World
legislatures. That is why in the battle for
supremacy, poverty beats the Government
and by extension the Legislature hands
down in most African countries! It is sad,
very sad, indeed!
P. C. Omolo is the Senior
Deputy Clerk
19 KENYA PARLIAMENT Magazine
HEALTH FEATURE
HEALTH AND
FITNESS AT
WORKPLACE
The Kenya National Assembly estab-
lished the Health Club Department in
2005 with the aim of keeping Members
of Parliament and employees of the Par-
liamentary Service Commission physically
fit and mentally alert. Apart from the
activities at the health club, the depart-
ment is in charge of all the recreational
activities at the National Assembly which
include the Bunge Football Club, Bunge
Marathon Team and organization of the
Annual Staff Sports Day.
One of the main activities of the depart-
ment in the Kenya National Assembly
Strategic Plan 2008-2018 is to create
awareness of health issues. This has
been done through lectures and articles
published on a monthly basis. This has
benefited Members of Parliament and
employees immensely.
The following presentation was done by
the Health club manager, Mr. Sylvester
Ochola, on the fitness aspect of health
at the work place.
Health
• A complete state of mental, physical
and social well being, and not merely the
absence of disease.
The following factors are required for
complete wellness and health.
• Physical fitness
• Mental and emotional harmony with a
positive mental state
• Free from injury and illness from a
medical stand point
• Good nutritional intake for fuel growth
and repair
KENYA PARLIAMENT Magazine 20
• Manage stress effectively
Physical fitness as an aspect of health:
• Physical fitness means different things
to different people and, therefore, an
approach other than performance is as
follows:
“Fitness is the successful adaptation to
the stresses of one’s daily life.”
The definition suggests that fitness is
attained once the body adapts to any
stress placed upon it. The human body
can be well equipped to adapt structur-
ally and functionally to a wide variety
of structures if an individual performs a
specific training adaptation.
COMPONENTS OF PHYSICAL FITNESS
• Cardio-respiratory endurance – Cardio-
Respiratory is a central component of
health-related fitness because of the
functioning of the heart and lungs and
ability of the body to perform a pro-
longed large muscle dynamic exercise at
moderate to high levels of intensity.
• Muscular strength – the amount of
force a muscle can produce with a single
maximum force. Strong muscles are im-
portant for the smooth running and easy
performance of everyday activities.
• Muscular endurance – Ability to
sustain a given level of muscle tension.
Muscular endurance helps people to
cope with everyday life and enhances
performance in sports and work.
• Flexibility – ability to move joints
through their full range of motion. It
helps maintain the stability of joints even
By Silvester Ocholla
up to old age.
• Body composition – Body composition
of fat and fat-free mass (muscle bone
and water) in the body. Healthy body
composition involves a high proportion
of fat-free mass and an acceptably low
level of body fat adjusted for age and
gender.
A person with excessive body fat is more
likely to experience a variety of health
problems including heart disease, high
blood pressure, stroke, joint problems,
gall bladder disease and some types of
cancer and back pain.
Benefits of Regular Physical Activity
Regular physical activity improves physi-
cal and mental health in the following
ways:
• Reduces the risks from dying prema-
turely from all causes.
• Reduces the risk of dying from heart
disease.
• Reduces the risk of developing diabe-
tes.
• Reduces the risk of developing high
blood pressure.
• Helps reduce high blood pressure in
people who have the condition.
• Reduces the feeling of depression and
anxiety.
• Helps control weight and develop lean
mass and reduce body fat.
• Helps build and maintain healthy
bones and joints.
• Helps older adults become stronger
and better able to move about without
falling.
• Promotes psychological well being.
 HEALTH FEATURE

Members of Parliament and staff

who engage in physical fitness
activities are, therefore, able to
do their work efficiently and
effectively without getting tired.
Furthermore, the medical bills
for the National Assembly can
be reduced drastically if all the
Members and staff are encour-
aged to take part in frequent
physical fitness activities.

In the next issue, we will discuss

stress as an aspect and its man-
agement at the work place.

Sylvester O. Ochola is the

Health Club Manager

Above: Hon. Joseph Nkaissery on the trademill at the

gymn.
Right: Mr Ochola, the Health Club Manager (right) and Mr
Mutua, Health Club Assistant.

21 KENYA PARLIAMENT Magazine

HISTORY

In the modern world, Parliament has acquired

a new meaning as it symbolizes a body of
people or an institution.

THE ORIGINS

Inside view of the Old Chamber

KENYA PARLIAMENT Magazine 22


OF PARLIAMENTS
Parliament is an assembly of the
representatives of a political nation
or group of people and it is often the
supreme legislative authority. It is a
body of persons vested with the power
and responsibility to formulate, amend
and repeal laws. In short, Parliament is
a legisture, especially in those countries
whose system of government is based
on the Westminster model of the United
Kingdom.
The name parliament is derived from
the French word “parlement” which
means the action of parler (to speak).
In a nutshell, a parlement is a discus-
sion. Later on, the term came to mean
a meeting at which such a discussion
took place.
England has had a long tradition of
a body of men who would assist and
advise the king on important matters
affecting the kingdom. Under the Anglo-
Saxon Kings, there was an advisory
council called the Witenagemot, which
means “meeting of wise men”. During
the Norman conquest of England, the
new King, Edward I, did away with the
“witenagemot” and replaced it with
another one called Curia Regis, mean-
HISTORY
By Peter Oscar Nabulindo.
ing King’s Council.
The membership of the Curia
Regis was largely restricted
to the tenants-in-chief. The
tenants-in-chief consisted of
the few nobles who rented
great estates directly from the
king along with certain sen-
ior ecclesiastics. At that time,
those were the most influential
people in society in terms of
decision-making. We can aptly
compare this group of people
to honourable Members and
the Cabinet in our Parliament
today. It is during that period
that a structure similar to a
model of Parliament came up.
That was during the reign of
Edward I. Like his predeces-
sors, he called nobles and
church leaders or ecclesias-
tics to discuss governance
issues, especially finance.
This can be compared to the
process of budget-making,
reading and the subsequent
debate as it happens in the
Government and Parliament
today.
23 KENYA PARLIAMENT Magazine
HISTORY
A meeting held around 1225 symbolised
the first model of parliament. It is that
model Parliament that set the pattern
for later parliaments. The major differ-
ence between that Model Parliament
and the earlier Curia Regis was the
addition of the Commons to its mem-
bership. The Commons were the elected
representatives of rural landowners and
townsmen. Later on, Edward I agreed
not to collect certain taxes without the
consent of the realm. He also enlarged
the court system which can be com-
paratively looked at as the present day
judiciary.
to previous councils but the presence
of the burgesses was unprecedented.
This scheme was later adopted. At first,
each estate debated independently. In
the reign of King Edward III, Parliament
had been separated into two Houses
and was strongly and recognisably as-
suming its modern form.
This body of
people meet un-
UK, Parliament consists of the House of
Commons, the House of Lords and the
Monarch. Kenya, being a former British
colony, borrows its parliamentary tradi-
tions, Acts and values from her colonial
master. Nevertheless, there are notable
changes in the Kenyan Parliament
which have come about due to the
desire to fulfill and achieve the diverse
objectives of the Kenyan people, includ-
ing their needs and aspirations.
In many traditional African societies,
there were elaborate systems of gov-
ernance and in some cases, there ex-
isted fully operational kingdoms which

When you look at history, you will find

that William of Normandy brought to
England the feudal system of his native
Normandy. He sought the advice of the
Curia Regis before making laws. This
body is the seed from which parliament,
the courts of law and the Cabinet have
sprung from. Therefore, a whole new
system emerged. In the new system,
the legislature was formed and judges
sat in the supreme court of judicature
and the executive governance was no
longer conducted in a royal court. Due
to the emerging influence and power of
this body, there was struggle for power
between the tenants-in-chief, their
spiritual counterparts (the ecclesiastics)
and the King. It was established that
the most important tenants-in-chief
and the ecclesiastics be summoned to
the Kings Council or Curia Regis for the
purpose of making decisions about lev-
ies. At that time, it had been established
that the King may not levy or collect
any taxes (except the feudal taxes to
which they were hitherto accustomed)
unless with the consent of a council.
The modern set up of the legislature
has its origins in the Curia Regis which
is a system of Parliament which de-
scends from the King’s Council and it
came to be known as “parliamentum”.
The first English Parliament was formed
during the reign of King Henry III in
the 13th Century. 1n 1265, Simon de
Montfort, 6th Earl of Leicester, who was
in rebellion against Henry III, summoned
a parliament of supporters without prior
royal authorization. Those summoned
included archbishops, bishops, abbots,
earls, barons, two knights from each
shire and two burgesses from each
borough. Knights had been summoned
der special ar- resembled the modern day government.
Kings were assisted by a council of
rangement and elders who would meet and deliberate
on a myriad range of issues, including
for defined pur- discipline of errant subjects and most
importantly, to organise the security of
poses to discuss the kingdom and make plans on how to
raid their enemies. The council of elders
matters of the made its decisions based on the exist-
ing traditions and their own cultures. So,
the idea of a group of people meeting
state and debating about laws is not entirely
new. One of the most elaborate king-
doms in Kenya was the Wanga King-
dom of the Abaluhya of Western Kenya
and the Njuri Ncheke of the Ameru.
In the United Kingdom, the British
Parliament is often referred to as the
“mother of parliaments”. In fact, this is
the quotation from John Bright in 1865
who said: “The British Parliament is the
mother of parliaments.” The British
Parliament model has been emulated
by many nations and even its Acts have
been used to create many parliaments
in the world.
Most commonwealth countries have
similar governments where there is a
ceremonial head of state who formally
opens and closes parliament. In Kenya,
Parliament is one of the three branches
of government in a centralised system
of governance. The President officially
opens parliament and he is the only
one who can prorogue it. Attempts by
the Kenyan Parliament to control its
own calendar are still ongoing.
The Parliament of the United Kingdom Upward view of the Parliament Building tower
was originally formed in 1707 by the
Acts of Union that replaced the former
parliaments of England and Scotland. Nabulindo is a Senior
The Irish Parliament was subsumed into Hansard Reporter
the Imperial Parliament in 1801. In the

KENYA PARLIAMENT Magazine 24


ABRIEF ON THE THIRD
PARLIAMENT (1974-1979)
INTRODUCTION
The second Parliament was dissolved
on September 8th 1974 paving way
for the General Election which were
held on November 11, the same year.
The elections resulted to the increase
of elected women members to three
The Hon. Grace Onyango was re-
elected to represent Kisumu town. Two
additional female Members elected
were, the Hon. Dr.Julia Ojiambo to
represent Busia Central and the Hon
Philomina Chelagat Mutai to represent
Eldoret North.
The Hon. Mutai became the youngest
member (24years) ever elected to
Parliament. Dr. Ojiambo on her part
became the first woman in Kenya to
be appointed an Assistant Minister.
The Number of Women Members of
Parliament increased to five (5) fol-
lowing the nomination of Hon. Dr Edah
Gachukia and the Hon. (Mrs) Jemimah
Gecaga.
MAJOR LEGISLATIONS ENACTED
DURING THE 3RD PARLIAMENT
1. Remuneration for Members
The National assembly remunera-
tion Act No, 9 of 1975 was a major
legislation enacted during the Third
Parliament. Prior to the enactment
of this law, there was no legal frame-
work outlining the remuneration for
Members of Parliament. The Act which
was assented to on October 28, 1975
HISTORY
By Isaac Songoro
and commenced on October 1, 1975
fixed the salaries and allowances for
the Speaker, The Deputy Speaker,
Members of the Parliament, the Vice
President and other Ministers and As-
sistant Ministers.
The Act consolidated all amendments
made up to 1968. Among the amend-
ments incorporated were the changes
of 1973, to sessional paper No. 4 of
1968 that had introduced the so-
cial security scheme for back bench
Members.
2. Election offenders forgiven
The processes of formation of Parlia-
ment were affected by Act. No. 14 of
1975 and Act No. 5 of 1979. The Con
25 KENYA PARLIAMENT Magazine
HISTORY
stitution (amendment) Bill of 1975 was
passed, assented to and commenced
on December 10. The Bill amended
Section 35(4) of the 1969 Constitu-
tion .Under this section, any person
convicted of an election offence under
the Election Offences Act (Cap 66,
Laws of Kenya) is barred from partici-
pation in any election for the next five
years. The amendment introduced the
prerogative of mercy exercised by the
President where the Head of State
could use his own discretion to pardon
any election offender.
This amendment also gave the Presi-
dent the power to grant any person
a respite, either indefinite or for a
specified period of the execution of
any punishment imposed on that
person for any offence. The amend-
ment Bill was passed by majority 121
Members against 2. The two Mem-
bers who opposed the Bill were Hon.
George Anyona and Hon Chelagat
Mutai. In opposing the Bill, the two
Members argued that there was no
point of pardoning a person who has
violated the law during election. They
further argued that such a person is
an enemy to the whole country and to
democracy and should be jailed.
The amendment was specifically
aimed at empowering the President
to pardon the late Paul Ngei who
had been convicted of committing an
election offence. Ngei was pardoned
in 1975 and stood in the subsequent
bye-election in Kangundo and won.
3. Official Language of the National
Assembly
Act. No. 1 of 1979 was assented to on
April 28 and commenced on May 2.
KENYA PARLIAMENT Magazine 26
This Act amended Sections 34 (c) and
Section 53 of the Constitution which
provided for the use of Kiswahili and
English as official languages of the
National Assembly. The amendment
also stipulated that the business of the
National Assembly may be conducted
in either or both such languages.
The law as amended and passed on
April 26, 1979 also barred members
from mixing the two languages while
contributing on the floor of the House.
Thus a member beginning his/her
speech in Kiswahili should be consist-
ent up to the end.
4. Disqualification from seeking an
election
On May 10, Act No. 5 of 1979 received
assent and commenced operations a
day later. The amendment inserted a
new subsection (6) under Section 35
of the 1969 Constitution. Under the
1969 Constitution one of the disquali-
fications from seeking election, was
the holding of an office in the public
service. However, the Constitution
amendment Act No. 5 of 1979, while
not removing this disqualifications;
gave the Minister responsible for
elections the power to require public
Servants wishing to seek elections ,
to relinquish office six months prior
to the nomination date for a General
Election. Before this amendment, Pub-
lic Servants were relinquishing office
on election eve.
During the debate, there was caution
that the move to amend the constitu-
tion to require Civil Servants to resign
before contesting in elections should
not be treated as if it was aimed at
certain people .The move to amend
the constitution was aimed at protect-
ing Civil Servants.
5. Election Fees
The Provisions of Act No. 19 of 1979
that amended the National Assembly
and Presidential Elections Act. (Cap
7, Laws of Kenya) and assented to
on September 7th, set a limit on
expenses at Parliamentary elections
at Ksh40, 000 per candidate. This
requirement did not apply to Civic and
Presidential candidates. The Election
Laws (amendment) Bill also stipulated
that a person, who loses an elec-
tion and would want to question the
result, shall be required to deposit Ksh.
50,000 in a court of law.
6. The Nyayo Era
In the course of the Third Parliament,
the first and founding President,
His Excellency Mzee Jomo Kenyatta
passed on at Mombasa on August 22,
1978. This marked the end of a politi-
cal era stretching back 54 years when
Mzee Kenyatta first ventured into the
politics of the nationalist movement as
Secretary General of the Kikuyu Cen-
tral Association (KCA). The Hon. Daniel
Toroitich Arap Moi the long serv-
ing Vice-President succeeded Mzee
Kenyatta, thus becoming the second
President of the Republic of Kenya
heading a cabinet of 22 Ministers and
31 Assistant Ministers. The Third Parlia-
ment was dissolved on September 20,
1979.
Isaac Songoro is a
Senior Librarian
Tenth Parliament in Session
CPA Convenes in Kenya
Kenya marks a
major milestone in
September this year
when it hosts close
to 1, 000 delegates
from the Common-
wealth parliaments.
The 56th Commonwealth Parliamentary
Association (CPA) plenary conference
will be held in Nairobi’s Kenyatta Inter-
national Conference Centre between
September 10 and 19, 2010.
This was affirmed during the 55th CPA
conference held in Arusha, Tanzania,
in October 2009, where National As-
sembly Speaker Kenneth Marende was
elected the President of the associa-
tion. Kenya first hosted the conference
in 1952. The country last hosted the
plenary conference in 1983.
The CPA Plenary Conference brings
together about 1,000 delegates who
include Speakers, Ministers, Members of
Parliament, State Legislators, Parliamen-
tary Officials and Observers from the
54 countries of the Commonwealth.
The conference will accord the coun-
try an opportunity to demonstrate its
achievements and development. It also
provides Kenya a golden chance to
reaffirm its place in the community of
nations in view of political and social
challenges faced in the recent past.
The CPA is an Association of Common-
wealth Parliamentarians who, irrespec-
tive of gender, race, religion or culture
are united by community of interest,
respect for the rule of law and individ-
ual rights and freedoms, and by pursuit
of the positive ideals of parliamentary
democracy.
The National Organizing Commit-
tee chaired by an Assistant Minister,
Ministry of State for Defence, Mr David
Musila, MP, comprises 10 MPS man-
dated to coordinate the preparations
for the conference.
The other MPs are David Were (Ma-
tungu), Amina Abdalla (nominated),
Raphael Letimalo (Samburu East), Mr
Olago Aluoch (Kisumu Town West),
Mr Zakayo Cheruiyot (Kuresoi) and
Jeremiah Kioni (Ndaragwa). Others are
Prof. Margaret Kamar (Eldoret East), Mr
Gedion Mung’aro (Malindi), Mr Gedion
Konchella (Kilgoris) and Nakuru Town
MP Lee Kinyanjui.
The Association’s mission is to promote
the advancement of parliamentary de-
mocracy, by enhancing knowledge and
understanding of democratic govern-
ance.
It also seeks to build an informed parlia-
mentary community, able to deepen the
Commonwealth’s democratic commit-
ment and further co-operation among
its Parliaments and Legislatures.
Today’s resurgence of parliamentary
democracy is evident in the growth
of the CPA. In the last decade, more
than 50 new Parliaments and
Legislatures joined the CPA.
In 1989, the association created the
constitutional posts of Patron and
Vice-Patron. H.M. Queen Elizabeth II as
the Head of the Commonwealth is the
Patron. The Vice-Patron is normally the
Head of State or Government of the
branch hosting the coming plenary
conference. H.E the President and Com-
mander in Chief of the Armed Forces
of the Republic of Kenya, Hon. Mwai
Kibaki, CGH, MP is the current vice-
Patron of the CPA.
The Association is composed of Branch-
es formed in Legislatures in Common-
wealth countries, which subscribe to
parliamentary democracy.
Kenya established its CPA branch in
1948 and was the first African country
to host the conference in 1952. It also
held a similar meeting in 1983, where
President Kibaki (then Vice President)
gave the closing remarks.
For a branch to qualify it must be a leg-
islative body, both national and state
or provincial Parliaments as well as the
Legislatures of dependent territories
may become members.
The Presiding Officers of legislative
Chambers are normally the Branch
Presidents, while the leaders of the par-
liamentary parties are Vice-Presidents.
The Clerk or Secretary-General of the
Legislature usually acts as the secre-
tary of the Branch. Currently, National
Assembly Clerk Patrick Gichohi is the
secretary.
Every branch is autonomous and the
affairs of most branches are managed
by an Executive Committee, elected an-
nually by Members and usually repre-
sentative of all main parties or groups.
27 KENYA PARLIAMENT Magazine
PICTORIAL

KNA staff on an international training on Legislative Research in Capital Hill, Washington DC, Dec 2009. 1st Row 2nd from right: Mrs. E. Kamau – Chief Librarian; Middle row
From right: Mrs. P. Makau – Head of Budget; Mary Chesire – Senior Clerk Assistant; Mr. N. Njuguna – Head of Research and 3rd Row (Centre): Michael Sialai – Principal Clerk
Assistant.

PIC Members from L or R: Hon. (Dr.) David Eseli, MP, Hon. Mithika Linturi, MP (Chair-
person), Prof. James Tuitoek (Vice Chancellor-Egerton University), Hon. Luka Kigen, MP
and Hon. Sammy Mwaita, MP at Lord Egerton Castle, Nakuru during a tour of Egerton
The speaker and H.E. Czech Ambassador Margita Fuchsova with Czech
University’s facilities. The Committee appealed to the Government to assist public univer-
republic celebrities on July 2009 at the Parliament Gardens.
sities complete stalled projects in order to improve intake levels (March 2010)

KENYA PARLIAMENT Magazine 28

 PICTORIAL

Top left: Bunge FC members from left: Hon. Nyamai, Kazungu, Munyaka, Top right: Mr. J. N. Mwangi on a visit to Canada being awarded a certificate by the
Midiwo, Namwamba and Prison officers at shimo la Tewa Prisons grounds, Clerk of House of Commons, Mrs Audrey O’brien in Ottawa in September 2009.
July, 2009.

Middle left: H.E. The President Mwai Kibaki launching the Kenya Parliament Middle right: Bunge FC celebrating successful rehabilitation of flood plains in
Magazine in Mombasa, September 2009. Budalangi which resulted to a bumper harvest later on. The project was jointly
funded by the Government of Kenya and the World Bank, August 2009

Bottom left: The Prime Minister Right Hon Raila Odinga (right) and the Bottom right: H.E. President Mwai Kibaki greets Vice President Hon Kalonzo
Speaker of the National Assembly, Hon Kenneth Marende receive laptops from Musyoka, EGH, MP at Parliament Buildings.
United States Ambassador to Kenya, Michael E. Ranneberger, May 2009

29 KENYA PARLIAMENT Magazine

OPINION
THE DOCTRINE
OF SEPARATION
OF POWERS
THE LEGISLATURE
From the medieval times, philosophers
have warned against unchecked pow-
er of government and settled on the
balance of separation of power. This
balance must apply to Parliament, the
Judiciary, as much as the Executive
because each has the potential to
be dictatorial and take actions that
border on the extremes.
The philosophical underpinning the
doctrine of separation of powers
is therefore rooted in an inherent
distrust of concentrated governmental
power. Separation of the powers of
government, then, is a mode of politi-
KENYA PARLIAMENT Magazine 30
THE EXECUTIVE
cal organization intended to safeguard
liberty by preventing the concentra-
tion of too much power in the same
hands and by establishing a system
of checks and balances between the
respective branches of government.
Separation of powers therefore, came
to mean and embraces the idea that
the powers of a sovereign govern-
ment should be split between two or
more strongly independent entities,
preventing any one person or group
from gaining too much power.
The most important and widely ap-
By Bonnie Mathooko
plied works on the doctrine of separa-
tion of powers is by Baron Charles de
Montesquieu, a French philosopher,
who had in 1748 warned that the
legislative body should not be allowed
to rule itself and should instead fall
under some measure of control from
the executive.
The concept however, finds its an-
cestry in Aristotle in ancient Greece,
with refinements in the 17th and 18th
Centuries by among others, James
Harrington and John Locke. Aris-
totle favoured a mixed government
comprised of monarchy, aristocracy

and democracy. The term ‘Separation
of Power’ was first proposed by James
Harrington in 1656. However, it was
John Locke (1690) who documented
separation of powers into an executive
and legislative. Baron de Montesqueiu
expanded on the works of Locke,
finally adding judiciary to come up
with the tripartite form of separation
of powers we have today.
Separation of Powers and the Three-
Branch Theory
Montesquieu’s theories, invoked by
many constitutional writers, were
based on what he saw as the positive
elements of the British constitutional
structure and how he thought it could
be improved. The branches named by
Montesquieu are:
● The Legislative branch: responsible
for making the law.
THE JUDICIARY
● The Executive branch: responsible
for ensuring the law is carried out.
● The Judicial branch: responsible for
interpreting the law.
It is this interface between the three
arms of government that shapes the
political landscape in modern demo-
cratic state. Over time, the study on
separation of powers between the
three arms of government has gained
paramount importance in studies of
socio-political nature, theorizing on
government, governance, the state
and its modes of operation.
The Legislative Branch
Legislatures are known by various
names, including; parliament, congress,
diet and national assembly. Separa-
tion of powers doctrine provides that
the legislative power is power to
make, alter, and repeal laws and to
make legislative policy. In addition, the
legislature has a representative role to
play, undertakes deliberative func-
tions, performs oversight functions of
government, supervises expenditure,
trains and nurtures future leaders. The
mandate of the legislature in Kenya is
set out under sections 30, 31, 32, 33
and 46 of the Constitution of Kenya.
The Executive Branch
Under separation of powers, the
executive is the branch of government
charged with implementing, or execut-
ing, the
law. The de
facto most
senior fig-
ure in an
executive
is referred
to as the
head of
govern-
ment. The
executive
may be
referred
to as the
adminis-
tration,
in presi-
dential
systems,
or simply
as the
government, in parliamentary systems.
For the Presidential system, executive
authority is exercised by a president
who is also head of state. The legis-
lature and the executive are formally
distinct, and it is usually expressly
forbidden for the president and other
executive officers to be members of
the legislature, as in the USA.
Within Parliamentary systems, Ex-
ecutive authority is exercised by a
cabinet headed by a prime minister or
premier. The prime minister is ordinar-
ily designated by the legislature, and
the cabinet and prime minister may
OPINION
be removed at any time by a vote of
no confidence on the legislature. Here,
the distinction between the legisla-
ture and executive is necessarily not
clear cut, and it is a requirement that
members of the executive also hold
seats in the legislature. For the Semi-
presidential system, executive power is
shared between the head of state and
a premier.
In a properly functioning separation of
power, the executive role is to: Enforce
the law, Conduct the foreign relations
of the state, command the armed
forces, appoint state officials, includ-
ing judges and diplomats, administer
government departments and public
services, and issue executive orders
(also known as secondary legisla-
tion, ordinances, edicts or decrees).
However, most constitutions require
that certain executive powers may
only be exercised in conjunction with
the legislature. For example, often, the
consent of the legislature is required
to ratify treaties, appoint important
officials, or to declare war. During the
current Parliament in Kenya, the role
parliament and the executive can play
in appointment of some public officials
has become a contentious issue.
The Judicial Branch
The judiciary, also referred to as the
judicature, consists of judges and
magistrates among other catego-
ries of adjudicators. In Kenya where
freedom of worship is guaranteed
under the country’s constitution, the
Kadhi courts also exist within the
judicature to address Muslim interests.
The primary function of the judiciary
is to adjudicate legal disputes. It is
also responsible for interpreting the
law. Above all, it has powers to try
cases and judge or arbitrate matters
between individuals, groups and other
organs.
Practices of Separation of Powers
The concept of separation of powers is
implemented to varied degrees by dif-
ferent countries. Some interpretations
of the doctrine suggest that devia-
tions can be found in countries with
parliamentary systems in which the
senior members of executive in effect,
form a subset of the members of the
legislature.
In practice, since the executive
31 KENYA PARLIAMENT Magazine
OPINION
depends on continuing support from
a majority of the legislature, the
actions of the executive and the
legislature can often seem to be
identical, though the legislature on
occasion will reject legislation sup-
ported by the executive, and may at
times (as happened in March 1979
in the UK), bring down the executive.
Strong separation of powers is not
considered essential by political
scientists to establishing a stable,
liberal democracy. Except for the
United States, every country that has
attempted a presidential system has
failed in its first try at democracy
and today, there are more parlia-
mentary democracies than presiden-
tial. It would seem that the tension
between the executive and legis-
lature can lead to an authoritarian
snapping point. Parliamentarianism
also has its failures, but in general, it
has been more successful.
Whether or not a country has
attained complete separation of
ONE ON ONE
KENYA PARLIAMENT Magazine 32
powers is a matter of great debate. ration of role between the legislature
Traditional separation of powers and the executive include but are
doctrine provides that a violation not limited to the following: Execu-
occurs if a branch of government tive veto power on legislation passed
purports to use powers not granted by legislature, Executive power to
to it by the constitution or cedes control parliamentary calendar
powers granted by it to another (under sections 58 and 59 of the
branch. Nevertheless, the lines of Constitution of Kenya to convene,
demarcation between the branches prologue and dissolve parliament at
of government are not always clearly his own pleasure). Further, the ma-
drawn. Hence, the concept of sepa- jority of House Business Committee
ration of powers must be viewed members are
with a certain amount of pragma-
tism and cooperation.
Separation of Powers in the Kenya
perspective Mr. B Mathoko is a Senior
Diverse viewpoints are held as to Research Officer in the
whether Kenya’s governance system Kenya National Assembly
has evolved to a level where a dis-
tinct separation of power between
the three arms exists. Like any other
emerging democracy, the practice
has been embraced gradually, espe-
cially after multi party politics gained
root.
Some of the examples of non-sepa-
By Peter Adika

ONE ON ONE PART 1
LET’S TALK
ABOUT
S I O N S
PEN
In one-on-one, we interviewed Hon. J. Olago
Aluoch, MP, Kisumu town West and Commission-
er, PSC about Pension Amendment Bill
Question:-What motivated you to draft
the Pensions Amendment Bill?
Hon. Olago: - I have met a lot of former
public servants who are less than 55
years old in our streets who are really
suffering because they are unable to
access their pension funds. Back in my
constituency, I have attended many
funerals of my constituents who have
died prematurely. Most of the retirees
die because of sheer desperation which
drives them into over-indulgence
especially in the consumption of illicit
brews, while others cannot access de-
cent treatment or buy medicine when
they get sick, because they simply
cannot afford it. These experiences
have increasingly disturbed me and I
thought I should take some action.
Question: - Why do you attribute their
shortened lives to inability to access
pension money?
ONE ON ONE
Interview by Peter Adika
Hon. Olago: - I am quite conscious
that there are many other causes
of death. I say so because if our
public servants are allowed to
voluntarily retire and access all
their accrued pension benefits, and
if indeed properly sensitized, they
could live much longer. The World
Health Organization statistics on
Kenya indicate that life expectancy
has reduced to an average of 50
years in males, and 52 years in
females. Unless the Bill is passed
expeditiously, many public officers
will not be able to access pension Hon J Olago Aluoch
Pensions Act (Cap
benefits as many would be dead before
189) to provide
qualifying. Most of them gradually slide
for immediate
into despair and eventually die.
payment of public officers who opt to
Question:-What specific issue(s) does
retire or have lost their jobs, irrespec-
this Bill address?
tive of whether they have attained the
Hon. Olago: - The primary object of
age of 55 years or not. It will ensure
this Bill is to amend sections of the
they access their pension benefits
33 KENYA PARLIAMENT Magazine
ONE ON ONE
once they do not have a regular salary.
These are people who have offered
dedicated service in the public service
and deserve better treatment. Public
servants die shortly after losing their
jobs, or after retrenchment and others
after spending all their life-time savings
before attaining 55 years of age.
Question: - Have you got any challenges
so far?
Hon. Olago: - I am aware that the
government is quite uncomfortable
with this Bill because they already have
a huge overall budget deficit amount-
ing to Ksh.194.9b (FY 2009/10) i.e. 8%
of the GDP according to the Budget
Strategy Paper, 2009. During 2009/10
projected expenditure on Pensions will
be Kshs. 25.6b compared to Ksh.26.1b
in 2008/09. This reduction was oc-
casioned by the government decision
to raise the statutory retirement age
from 55 to 60years. The government,
therefore, sees the success of this Bill as
an additional burden.
Question: - Any negative implications of
this amendment?
Hon. Olago: - Just like in any ‘herd’, you
will not miss a few “black sheep”. A few
people are likely to misuse their pen-
sion benefits, but that should not be
used to deny the majority the positive
benefits that will accrue to retired pub-
lic servants who will put their money
into good use and ultimately improve
their overall welfare and standards of
living.
Question: - What does this amendment
intend to achieve?
Hon. Olago: - If the law is amended to
allow these people to access their pen-
sion funds immediately they retire, and
with appropriate sensitization, they
would be better placed and capacitat-
ed to put these funds into income-gen-
erating activities which will help them
to support and sustain their families,
make a lot more useful contribution to
this country. This amendment has the
potential effect of improving the stand-
ards of living and net effect of increas-
ing life expectancy of these retirees.
Question: - How about the amendment
to the Government Proceedings Act
(Cap 40)?
Hon. Olago: - It seeks to amend Section
21 of the Government Proceedings Act,
which protects and insulates the Gov-
ernment against any form of attach-
ment of goods or assets by successful
KENYA PARLIAMENT Magazine 34
litigants in the enforcement of court
judgments, where payment of court
decrees are delayed. This section has
been a source of extreme frustration
and deprivation to litigants as Govern-
ment Accounting Officers do not have
to process payments within specified
timelines.
Question: - What exactly will this pro-
posed amendment achieve?
Hon. Olago: - It will remove the blanket
immunity and provide a structured
procedure to be undertaken to realise
judgments debts against the Govern-
ment. If passed by the House, it would
be a revolutionary departure from simi-
lar provisions in the Commonwealth
and would compel the State to provide
for payment of court decrees while
preparing the national budget.
Very high and quite
timely. The Pensions
(Amendment) Bill has
received wide accept-
ance from key stake-
holders, all shades of
the political divide
and a wide spectrum
of public servants.
Question: - What about the Commis-
sions of Inquiry (Amendment) Bill?
Hon. Olago: - I was a counsel in the
Robert Ouko Inquiry and the Inquiry on
Unrest in Schools. The experience I got
in these commissions motivated me to
re-look at the Commissions of Inquiry
Act more critically. I realized that many
of these commissions do not serve
the national interest but are set up
on political expediency grounds. This
amendment will ensure that all com-
missions of inquiry reports are tabled in
Parliament, published, and the public
have full access to their findings and
recommendations because they are
fully funded by tax payers’ money.
Questions: - How do you rate the Bills
and what are the prospects of their
success?
Hon. Olago: - Very high and quite
timely. The Pensions (Amendment) Bill
has received wide acceptance from key
stakeholders, all shades of the political
divide and a wide spectrum of public
servants. The Commissions of Inquiry
(Amendment) Bill is non-contentious
and quite public-friendly. I am confi-
dent they will both be passed.
Question: - At what stage are these
Bills?
Hon.Olago:- They are due for second
reading. The Pensions (Amendment)
Bill and the Commissions of Inquiry
(Amendment) Bill have been partially
debated and are awaiting further de-
bate and decision during the current
session.
Question: - You are the first commis-
sioner to draft three Bills in one parlia-
mentary session. How did you manage
this?
Hon. Olago: - My background as a law-
yer and being in active consultancy has
been quite useful. However, it is being
an MP that has intensely exposed me
to the rigours of legislation. I have also
gained immensely from the vibrant
Legal department within the Parlia-
mentary Service Commission which is
composed of qualified and competent
lawyers and legislative draftsmen. I
believe in good time management and
observe strict deadlines.
Question: - In your opinion, does a legal
background give one a headstart as an
effective MP?
Hon. Olago: - Not necessarily. The most
important thing is that one needs to
be a good logical thinker. Legal training
may help one understand the legal as-
pects but one has to get the spirit right.
The handicap for most Members is that
they have narrow professional speciali-
zations in their diverse areas of training.
The rigours of law making demand that
one has to read and consult extensively
to be up-to-date with local and global
dynamics. That’s perhaps where my
legal consultancy experience has been
very helpful.
 ONE ON ONE

ONE ON ONE PART 2

TALK ABOUT
Anima
l Techn
The Un icians a
claime nd
Assets d Finan
Bills cial

In one on one, we interviewed

Hon. Joseph Lekuton, MP for
Laisamis and Commissioner, PSC
on The Animal Technicians and
Unclaimed Financial Assets Bills
Interview by Peter Adika

Question:-What motivated you provident schemes are in

to draft the Unclaimed Finan-
cial Assets Bill, 2010?
Hon. Lekuton: - The levels of
poverty in Kenya are unac-
ceptably high! The Economic
survey of 2009 indicates that
46% of Kenyans live below
the poverty line i.e. less than
US 1 per day. Yet, the value of
assets held by financial institu-
tions, investment companies,
excess of Ksh. 200b according
to a 2008 Ministry of Finance
Taskforce Audit Report. And
these unclaimed assets can
neither be fully disclosed to
potential beneficiaries nor be
surrendered to Treasury to be
put into a special account that
will be administered by the
Government for development
purposes. Moreover, these
Hon Joseph Lekuton

35 KENYA PARLIAMENT Magazine

ONE ON ONE
institutions trade with these unclaimed
assets, make and declare billions of
shillings in profit every year. The would-
be beneficiaries continue to wallow in
abject poverty. After considering these
factors, I was convinced that it was nec-
essary and desirable to have in place
a legal framework that will compel and
regulate financial and asset taking insti-
tutions to disclose the unclaimed assets
portfolio to the Government.
Question: - Why Government?
Hon. Lekuton: - Under the principle of
bona vacantia the Government is the
bona fide custodian of unclaimed prop-
erty in any modern state. Bona vacantia
in Latin means “ownerless goods”. It’s
a common law doctrine under which
ownerless property passes by law to
the state. Human beings will naturally
scramble for anything that has high
value, more so if the chances of non-
disclosure and going scot-free are high.
The existence of huge assets portfolio
in an “ownerless state” anywhere raises
serious governance and ethical ques-
tions over their management. More fun-
damentally, it presents a viable avenue
for Government to raise significant
non-tax revenue which can be put to
constructive social and economic use
such as the Youth Fund and the various
poverty alleviation kitties.
Question: - What really constitutes
Unclaimed Financial Assets and how do
they accrue?
Hon. Lekuton: - These include tangible
or intangible property that have gone
unclaimed by its rightful owners or
those where there has been an absence
of owner-generated activity for defined
periods. When owners or rightful heirs
fail to claim a forgotten asset over a
specified number of years known as
the dormancy period, those left holding
the abandoned funds such as banks,
stock brokers, utilities, employers, life
insurance companies including some
government agencies transfer custody
to an unclaimed property trust account.
Their accrual happens due to a name
change after marriage or divorce, an
unreported change of address or ex-
pired postal forwarding order, say when
clients relocate or migrate abroad, in-
complete or illegible records, and most
commonly from those who die suddenly
without trace or written wills among
many others.
Question:-What exactly does this Bill
KENYA PARLIAMENT Magazine 36
seek to achieve?
Hon.Lekuton:- This Bill seeks to seal the
current loopholes and tighten the weak
legal regime and laws that financial
reporting on the huge unclaimed assets
portfolio in Kenya. The weak laws have
overtime enabled financial institutions
to withhold crucial client information
under the guise of “client confidential-
ity” and therefore impeded accurate
reporting of unclaimed assets and
funds. In addition, it urges the gov-
ernment to establish the Unclaimed
Financial Assets Authority (UFAA) and
the Unclaimed Financial Assets Trust
Fund (UAFT).
The proposed
Trust Fund
(UAFT) will be
the main
depository for
all moneys that
become or are
deemed to be
unclaimed assets
Question: - Briefly explain giving exam-
ples how the Trust Fund will operate?
Hon. Lekuton: - The proposed Trust
Fund (UAFT) will be the main deposi-
tory for all moneys that become or are
deemed to be unclaimed assets such as
unclaimed death benefits, income from
stocks and shares in terms of interest
earned and dividends, utility deposits in
books of power and water companies,
uncollected pension benefits at pension
and insurance schemes and uncollected
bail and bond monies in courts. The Bill
empowers the Minister to approve req-
uisite amounts to defray administration
costs and make appropriate regulations
for its prudent and efficient manage-
ment.
Question: - How about the proposed
Unclaimed Financial Assets Authority
(UFAA)?
Hon. Lekuton: - It will be the organ
responsible for the day-to-day opera-
tion and management of the Trust Fund
(UFAA) and shall be a body corporate
with perpetual succession. It will have a
Board, 5 appointed by the Minister, PS
Treasury and a CEO. The UFAA will re-
quest for information from any agency,
administer penalties for failure to pay
or deliver assets, assume custody, pay
interest to owners, sell unclaimed as-
sets, publish information on the assets
from its database and ensure manda-
tory disclosure and timely reporting of
unclaimed assets. UFAA will be exempt
from stamp duty and will be allowed to
appoint agents.
Question: - What about the Animal
Technicians Bill, 2009?
Hon.Lekuton:- Sometime in the late
80s, the Government stopped employ-
ing trained field extension officers, but
it did not stop training them. As at
2009, Kenya had over 7,000 trained
but jobless animal health and produc-
tion technicians. If you add this to the 1
million youths who enter the job market
each year, those retrenched from the
Civil Service and the private sector
then we surely are sitting on a social
time bomb i.e. runaway unemploy-
ment. To date, this country has no legal
framework to anchor the existence
and private practice of animal health
and production technicians in statute
law. Yet livestock farmers continue to
suffer especially in Arid and Semi-Arid
Lands (ASALs) which have an esti-
mated 60 per cent of Kenya’s livestock
herd, which accounts for 80% of the
country’s total herd. I also believe that
a dynamic, vibrant, well-managed and
regulated livestock subsector has the
potential to adequately supply animal
products and by-products to meet
domestic needs and generate surplus
for export. These concerns formed the
basis of my motivation.
Question: - Is this an ASAL Bill? What
are the benefits to Kenya that will ac-
crue with its enactment?
Hon. Lekuton: - Not really. The expected
benefits of this law have a national, re-
gional and international effect. I am only
trying to reiterate the issue of ASALs
given fact that an estimate 10million
Kenyans living in ASALs derive their

livelihood largely from livestock. Already,
the Livestock subsector contributes
about 12% of Kenya’s GDP and ap-
proximately 46 per cent of the agri-
cultural GDP. If enacted, this proposed
law, will further unlock the potential of
animal health and production techni-
cians and allied activities. Livestock
farmers throughout the country, not just
in ASALs, will be able to access af-
fordable animal health delivery serv-
ices because it will open up regulated
private and independent practice by
animal health technicians and therefore
create employment to thousands who
are currently jobless. Subsequently, it
will enhance the capacity to undertake
disease monitoring, surveillance and
disease control. It will also ensure that
there is appreciation and recognition
of Kenyan trained technicians and
hence open external job opportunities.
Furthermore, foreign students interested
in the animal health studies will have
confidence in the Kenyan animal health
and production study programmes.
Question: - What is the most significant
proposal in this Bill?
Hon. Lekuton: - This is a fairly simple
Bill. Key among its proposals is the
establishment of an all-inclusive Animal
Technicians Council, composed of a
Chairman (who shall be a registered
animal technician), the Director of
Veterinary Services, a Registrar, rep-
resentatives of Kenya Association of
Animal Technicians (KALT) from every
province, animal protection and wel-
fare organization representatives and
training institutions. Its main purpose is
to establish and improve standards, pre-
scribe training institutions, syllabi and
courses, license and regulate practice
and business of technicians, supervise
the compilation and maintenance of the
register of animal health technicians.
It will also take disciplinary measures
when necessary. This Council will ensure
key players’ interests in the livestock
subsector are properly represented.
Question: - Do you expect any chal-
lenges to the enactment of the Animal
Technicians Bill?
Hon. Lekuton: - I would be insincere
if I said there is none. However, I am
confident that I will overcome them. I
am aware that sections of Veterinary
Surgeons are not very comfortable with
this Bill and may be prevailing upon
the Minister to oppose it. Yet the ratio
ONE ON ONE
of Vets to animal health technicians is first of all Members of Parliament. They
a dismal 1:20! This small group has a are elected to represent the desires and
misconceived feeling that these trained, aspirations of their constituents and
middle-level animal health and produc- indeed all other Kenyans. Commission-
tion practitioners, if registered and ers deal mainly with policy decisions.
allowed to undertake private practice, As much as matters of Members’ and
their professional services will not be so parliamentary staff welfare are also
compellingly attractive. This misconcep- important, they do not take a big chunk
tion is totally misplaced. This Bill seeks of time like the Constituency or Legisla-
to complement the very desirable but tive work do.
largely insufficient contribution made
by Vets in the animal health delivery
sphere in Kenya and does not create
room for any such competition. Above
all, it is in tandem with the Govern-
ment’s rallying call of bringing services
closer to the people.
It’s a bit
challenging but
I manage quite
well. Most
important is to
understand that
all Commission-
ers are first of all
Members of
Parliament.
Question: - At what stage are these
Bills?
Hon.Lekuton:- The Animal Technicians
Bill, 2009 has been published and is
awaiting first reading. The Unclaimed
Financial Assets Bill will soon be pub-
lished and tabled in the House.
Question: - You are among the first
Commissioner to draft two Bills simulta-
neously. How did you balance your work
and drafting the Bills?
Hon.Lekuton:- It’s a bit challenging but I
manage quite well. Most important is to
understand that all Commissioners are
37 KENYA PARLIAMENT Magazine
AWARDS
Absalom Wendo:
The Lord of the Mace
Gets Presidential
Recognition
Now that it is all over, what did you do
yesterday that is worth mentioning? This
is a question that can best be posed to
Mr. Absalom Wendo who is approaching
retirement after 38 years of service to
the Kenya National Assembly. And what
a better lead up to the curtain fall of such
an illustrious career other than recognition
by the Head of State? On Tuesday, Febru-
ary 16th, 2010, Mr. Wendo was all smiles
as the Speaker of the National Assembly
Hon. Kenneth Marende awarded him the
Head of State Commendation (HSC).
Wendo’s work in Parliament is memora-
ble. Notable among them is when he had
to hurriedly set up a room for the Head
of State who made a surprise visit to
Parliament Buildings after a commemo-
ration ceremony at the Mausoleum of
the founding President Jomo Kenyatta.
A uniformed Wendo with white gloves,
straight from the ceremony was caught
on TV cameras sprinting with a table on
his shoulders and shouting orders to his
colleagues to open the Commonwealth
Parliamentary Association room where the
Head of State was to be hosted.
Mr. Wendo joined parliament as a subor-
dinate staff in 1972 before rising through
the ranks to his current position of Assist-
ant Sergeant at Arms. He performs this
role during the state opening of Parlia-
ment and other special occasions.
KENYA PARLIAMENT Magazine 38
On his award by the Head of State, Mr.
Wendo did not hide his joy. “I am very
happy being recognized by the President
after honorably discharging my duties for
38 years.’’ Wendo has shouldered the
symbol of Parliamentary Authority (mace)
for this lengthy period and has rubbed
shoulders with political leaders from all
spectrums.
He has worked with the founding father
Mzee Jomo Kenyatta when Kenya was a
one party state and witnessed transition
to multi party democracy under former
President, Daniel Arap Moi and now under
President Kibaki. Political waves in all
these sessions have been different as the
dynamism of politics.. But this is not in
Wendo’s dream. He has always thrived
to make Parliament a better place for
Honourable Members. Mr. Wendo is grate-
ful to his workmates who have given him
unyielding support.
But if you thought working in the Parlia-
ment is a Sunday walk in the park you are
mistaken. “I am dealing with human beings
some like you and some hate you while
others abuse you”, Wendo says.
Although he is proud of his work, certain
events will forever remain in his mind. He
vividly recalls the advent of multi party
politics when the opposition hatched a
plot to grab the Mace (symbol of au-
By Barako Elema
thority) and disrupt the budget speech
by then Finance Minister Hon. Musalia
Mudavadi. Without the Mace the August
House would not transact any business.
He had reported to work early as usual
that morning when a Member of Parlia-
ment indirectly hinted of a plan to disrupt
the House business and he prepared
himself for a possible show down with the
Honourable Members. As it turned out to
be that afternoon, a scuffle erupted and in
the melee, as MPs fought over the mace,
Wendo was injured in his spirited effort to
protect the tool of his trade.
He also recalls the spat between legisla-
tors from North Eastern and other MPs
when then Fafi MP Barre Shill voted with
the government against their will in a mo-
tion where the opposition was defeated
with a single vote.
Mr. Wendo an ardent soccer fan cautions
the young staff not to put their interest of
money before their country and that there
is always room for the very best at the top
and good effort will always be recognized.
Barako Elema is an intern
at Parliament
 AWARDS

The Speaker of the National Assembly,

Hon Kenneth Marende, decorating Mr
Wendo

The Speaker of the National Assembly,

(left) Hon Kenneth Marende, and Mr
Wendo (Right)

39 KENYA PARLIAMENT Magazine

 The creation and presentation of
National Orders, Decorations and
Medals is the unique privilege of
Heads of States worldwide. They may
be awarded as a symbol of national
friendship between two world leaders,
or as a mark of honour and gratitude
AWARDS OF
DECORATIONS AND
to a distinguished person from an-
other country. All titles of honour are
awarded on merit to persons of proven
integrity; whose roles in contributing
MEDALS
to the country and society have been
adjudged exemplary, profound, pre-
eminent and inspiring, or people who
have excelled in service to the country
and society in social, political, econom-
ic or scientific spheres; through display
of exceptional brilliance, courage, com-
mitment and valour in their abilities
such that the award is seen to be a very
special, covet distinction.
On April 21, 1966, President Mzee
Jomo Kenyatta created and ordained
The Order of the Golden Heart of Ken-
ya, which is divided into three classes.
By Ann Muthoni Njenga
The first class is referred to as The Chief
of the Order of the Golden Heart of
Kenya (C.G.H), which is awarded to the
President only. However, the title can
be awarded to foreign Heads of State
at the discretion of the President. Elder
of the Golden Heart of Kenya (E.G.H)
is the second class and this honour is
awarded to the Vice-President, Speaker
of the National Assembly, Cabinet
Ministers, Head of Public Service and
Secretary to the Cabinet, Chief of the
General Staff, Attorney General and the
Chief Justice. In addition, foreign prime
ministers and senior foreign ministers
who have rendered most conspicu-
ous and outstanding services to this
country are eligible.
The third class, Moran of the Order
of the Golden Heart of Kenya ( M.G.H),
is awarded to the Deputy Speaker
of the National Assembly, Assistant
Ministers, Lieutenant- Generals, Service
KENYA PARLIAMENT Magazine 40
Commanders, Permanent Secretar-
ies, Clerk of the National Assembly,
Ambassadors, Commissioner of Police,
Chancellors of National Universities,
Public Service Commission Chairman,
Controller and Auditor General.
The first President of Kenya, Mzee
Jomo Kenyatta on April 21, 1966, cre-
ated The Order of the Burning Spear
which is to be awarded for distin-
guished services to the Republic. Just
as the Order of the Golden Heart of
Kenya, this title has three classes. The
Chief of the Burning Spear (C.B.S) is the
first class and is awarded to Members
of Parliament, Major General, Senior
Deputy Commissioners of Police,
Judges of the High Court, Chief Execu-
tives of Public Universities, Comman-
dant of General Service Unit (G.S.U),
and the Administration Police, Director
of the National Youth Service (NYS),
Commissioner of Prisons, Chairmen of
Service Commissions, Chief Executives
of Enterprises, University Professors
and Distinguished Scientists.
The Elder of the Burning Spear
(E.B.S) which is the second category is
awarded to Brigadiers, Provincial Com-
missioners, Senior Deputy Secretaries,
Deputy Commissioners of Police, NYS
and their equivalent in other disci-
plined services, University Professors
and Distinguished Scientists, Chief
Executives of Corporations or Par-
astatals, Heads of professional bodies
or Departments and Chief Principal
Magistrates.
The Moran of the Burning Spear
(M.B.S) which is the third is awarded to
Colonels, Lieutenants Colonels, Senior
Assistant Commissioners of Police,
Lieutenant Colonels, Senior Assistant
Commissioners of Police and NYS, their
equivalent in other disciplined serv-
ices, District Commissioners, Magis-
trates and any other prominent civilian
person who has contributed to develop-
ment. It is important to note that this Order
is not given posthumously.
In the same year, the First President of
Kenya created The Uhodari Medal, which is
to be awarded to members of the uniformed
service only; for the most conspicuous brav-
ORDERS
MEDALS
ery or for extreme devotion to duty involving
imminent danger of death to the performer.
It is the highest of all the Military Decora-
tions and is awarded to all officers of the
Kenya Army, Kenya Air Force, Kenya Navy
and the Kenya police are eligible. This award
is made as soon as convenient after the
performance and it is important to note that
the medal is awarded posthumously.
H.E President Daniel Toroitich arap Moi
on December 8, 1983, created The Dis-
tinguished Conduct Order (D.C.O) to be
awarded for conspicuous bravery or some
daring act of valour or self-sacrifice involv-
ing imminent danger to one’s life under
circumstances where the officer could not
qualify for the Uhodari Medal. All officers
of the Kenya Army, Kenya Air Force, Kenya
Navy and all foreign officers who have been
associated to these Armed Forces, and
gazetted officers of the Kenya Police Force,
Administration Police and Prisons Officers
are eligible. This award of decoration should
be made as soon as it is convenient after
the performance of the act.
The Distinguished Service Medal (D.S.M)
was created by, H.E Mzee Jomo Kenyatta on
April 21, 1966 “to be awarded for conspicu-
ous acts of bravery or some daring acts of
valour or self sacrifice involving imminent
danger to one’s life”. It is eligible to all offic-
ers of the Kenya Army, Kenya Air Force, Ken-
ya Navy and all foreign officers who have
been associated to these Armed Forces, and
non-gazetted officers of the Kenya Police
Force, Administration Police and Prisons Of-
ficers. This medal is awarded twice a year on
Jamuhuri Day and Madaraka Day and is not
awarded posthumously.
On December 8, 1983 The Order of the
Grand Warrior on Kenya (O.G.W) order was
created and ordained by President Moi, to
be awarded for meritorious services and
outstanding devotion to duty. It is eligible
to Public Officers, political leaders, mem-
bers of Armed Forces and other uniformed
services and to prominent personalities
who have rendered
meritorious service
to the nation. Non-
Kenyans are eligible
to this award of the
Order.
On December 8,
1983, President Moi
created and ordained
The Silver Star of
Kenya (S.S) medal
to be awarded for
conspicuous acts of
valour, self-sacrifice or
devotion to duty in the face of danger. The
decoration is awarded to members of the
Armed Forces, the Prisons Service and the
National Youth services in circumstances
where a military decoration would not be
applicable. Foreign forces who have been
associated with the Armed Forces and the
Kenya Police are eligible. This decoration is
awarded posthumously.
On April 21, 1966, President Kenyatta cre-
ated The Campaign Medal (North- Eastern
Kenya) was to be awarded to all ranks of
the Kenya Army, the Kenya Air Force, the
Kenya Navy, the Kenya Police Force and the
Administration Police who had served for
at least 30 days, in an operation against the
Somali Shifta in the Operational Area.
Members of the Kenya Army, the Kenya
Air Force, the Kenya Navy, the Kenya Police
Force who maintain irreproachable charac-
ter during 16 years of service below com-
missioned or gazetted rank are awarded
The Long Service and Good Conduct Medal
that was created by President Kenyatta
in 1966. Members of the Administration
Police Force, Prisons Service, National Youth
Service and the Kenya Wildlife Service are
eligible to this title.
The Head State Commendation (H.S.C)
was created and ordained by President
Kenyatta on April 21, 1966 and amended on
April 14, 2000 by President Moi to be award-
ed for distinguished service, for acts of val-
our and devotion to duty, not qualifying for
the award of a decoration. The title has two
divisions, the military and the civilian. The
Military Division is awarded to any officer or
rank of the Kenya Army, the Kenya Air Force,
the Kenya Navy, the Kenya Police Force and
the Administration Police, Prisons Service
and the Kenya Wildlife Service for services
rendered in the course of his official duties.
The commendation of the Military Division
may be awarded posthumously.
The Civilian Division is awarded to anyone,
including members of the Kenya Army, the
Kenya Air Force, the Kenya Navy, the Kenya
Police Force and the Administration Police,
Prisons Service for services rendered in a
civilian capacity. Foreigners may also qualify
for this commendation. On the other hand,
the Civilian Division is not awarded posthu-
mously. The awards of commendation are
made on Jamuhuri Day.
Commemorative medals are issued to
mark particular occasions and only person-
nel who were in service at that particular
period are eligible for the award. These
Medals may not be awarded posthumously.
The Ten Years Anniversary Medal was
awarded to the members of the services
who were serving as at December 12, 1973
and had been in service from December 12,
1972 or earlier.
All serving officers and ranks in the Armed
Forces, the Police, Administration Police,
Prisons Services and the National Youth
Service who were in service as at August
1978, were awarded The Kenyatta Com-
memorative Medal. Officers and ranks in the
Armed Forces, the Police, Administration
Police, and Prisons Services as at October
14, 1978 were awarded the Presidential
Installation.
The Twentieth Anniversary Medal was
awarded to all officers and ranks in the
Armed Forces, the Police, Administration
Police, Prisons Services and National Youth
Service who were in the Service on Decem-
ber 12, 1983 and had been in the service
continuously for at least one year qualifying
minimum date beginning December 12,
1973.
The Twenty Great Years of Nyayo Era Com-
memorative Medal is in two divisions; The
Disciplined Forces Divisions and the Civil
Division. The Disciplined Forces Division
was awarded to officers and other ranks of
the Kenya Army, the Kenya Air Force, the
Kenya Navy, the Kenya Police Force and
the Administration Police, Kenya Prisons,
National Youth Service and Kenya Wildlife
Service who were in employment of their
respective Services on October 14, 1998.
The Civil Division was awarded to members
of the Public Service, the professions
and private life for distinguished service
between 1978 and 1998.
Anne Muthoni was an
intern at Parliament.
41 KENYA PARLIAMENT Magazine
 Rt. Hon. Prime Minister, Raila Odinga

KENYA PARLIAMENT Magazine 42

 NEED FOR
WORKING
PARTNERSHIP
Between The Executive
and The Legislature
This important agenda of partnership
comes at a time when all Kenyans are full
of expectation of better things to come
from the reforms that we are investing so
much in achieving. The most important of
these is of course the Constitution. Ken-
yans have yearned for a new Constitution
for nearly two decades, but each time
we thought we were there, divisiveness
intervened.
I can now proudly say that we are much
nearer to achieving this goal than at
any previous time. The draft has been
published by our professional and hard
working Committee of Experts, and so far
I have been encouraged by the overall
national response.
Even as we praise these experts, I think
the two branches of government repre-
sented here can also take pride in this
achievement. The President, myself, the
Cabinet and Parliament have collaborated
very closely to ensure that there are as
few contentious issues as possible. In
addition, even on the contentious issues, I
sense that there is a spirit of cooperation
which will see us achieve the new consti-
tution without polarising the country.
It is this kind of cooperation between
the Executive and the Legislature that will
enable us to confront and resolve most of
the other challenges our country faces. It
should serve as a model to be replicated
in all our other common endeavours.
I want to say a word about how special
this 10th Parliament is. Envisioned as the
centrepiece of checks and balances and
the people’s watchdog against govern-
mental excesses, constitutional amend-
ments engineered by a super-powerful
presidency left Parliament a weak and
emasculated institution.
By Rt. Hon Raila A. Odinga
After decades of struggle to establish
its legitimate role, Parliament now has
the instruments with which to stamp its
own authority in our nation’s governance
structures. Just over a year ago, I stood
at this very hotel podium celebrating the
adoption of new standing orders that
have revolutionized the functioning and
the powers of Parliament.
The many achievements this Parliament
has accomplished elevate it way above
its predecessors. Its very first legislation
was the National Accord, which saved
our country from the brink in 2008. It is
Parliament’s commitment which returned
normalcy to our nation then. I need not
spell here the numerous reform instru-
ments we have enacted, such as the
commissions responsible for elections;
boundaries review; national cohesion;
and constitutional dispute resolution.
43 KENYA PARLIAMENT Magazine

But along with this vibrancy there are,
as one would expect, numerous prob-
lems that Parliament needs to deal with.
Chief among them is the new tendency
by a number of parliamentarians to
overreach their mandate by arrogating
themselves roles that by law clearly be-
long to the Executive. One of their most
pernicious practices in this regard is the
taking over of investigations or enquiries
that are not all within their mandate and
for which they have not been equipped.
One too common spectacle these days
is ministers and permanent secretaries
being routinely summoned for a day
and sometimes many days to answer
questions over alleged malpractices in
their ministries. Just this week, Medi-
cal Services Permanent Secretary Dr
James Kiyiapi was being ordered by the
Public Accounts Committee to expedite
payments and delivery of sutures under
a contract that his office had stopped,
pending determination of its legality. In
fact, the Attorney General had instituted
proceedings against the company in
question after investigations indicated it
might have obtained the contract fraudu-
lently. How does a committee of Parlia-
ment then recommend that the contract
be honoured?
Parliament has an important oversight
role in safeguarding taxpayer funds, but
it seems sometimes that competing
businesses which fail to win a contract go
to Members of Parliament for redress, un-
dermining established procedures, and
ignoring appropriate channels that exist
for pursuing genuine claims. Parliament
itself will lose its credibility if its members
are seen to be harassing businesses or
ministers and public servants on the basis
either of unverified media reports or at
the behest of vested interests.
Because of such irregular interventions,
contracts being issued by government
bodies are sometimes suspended, and
the needed items are, therefore, not
purchased. Money allocated for that
purpose is returned to Treasury and no
longer available for the purposes voted
for Parliament itself.
This state of affairs has thrown a pall
over a significant section of government
operations, and over government’s drive
to deliver much needed services. Public
servants are becoming super cautious in
KENYA PARLIAMENT Magazine 44
making decisions. Business people are
being put off from doing business with
the government both because of spurious
scrutiny and the fear that public procure-
ment contracts will be challenged and
their operations delayed.
The continuation of this state of affairs
will result in fewer businesses bidding
for government contracts, increasing the
cost to taxpayers of procuring goods and
services, and much more worrying, a pa-
ralysis in government operations serving
the people.
Corruption is a
scourge that gripped
this country for too
long.
Part of the reason for this unfortunate
new development is an over exuberance
on the part of parliamentarians enjoying
their new, hard won gains. But the public
is more cynical and suspects there are
ulterior motives.
It seems that some of the members
of the Public Accounts and the Public
Investment committees have misunder-
stood their mandates. Yes, they have a
crucial oversight role – one I can attest
to from own membership in the PAC in
the 1990s. But this mandate is being
misinterpreted by some members and
the committees’ operations are directly
interfering with the vital executive func-
tion of rapid service delivery. If this
misinterpretation of the mandate as well
as interference persists, it can result in
paralysis in government.
The role of the PAC is to work with the
reports of the auditor general and other
oversight agencies such as the Efficiency
Monitoring Unit and the Inspectorate of
State Corporations that are continuously
examining the integrity of government op-
erations. There are departmental commit-
tees of parliament which examine current
accounts.
Exceptional circumstances apart, genu-
ine queries about contracts and procure-
ment should be addressed to concerned
ministries. If there is scepticism about
getting satisfaction there, MPs and even
business concerns should write to my of-
fice, which has a constitutional mandate
to coordinate and supervise government
functions. In addition, the EMU and the
ISC are part of my Office. And finally, as
Members of Parliament know too well,
they can raise questions on the House
floor and demand satisfactory answers
from ministers. Summoning officials to
the committees should be a last resort,
except of course when Parliament’s man-
date clearly permits such action.
I am aware that part of the problem is a
full lack of awareness among some Mem-
bers of Parliament. I would, therefore,
urge that the Speaker facilitate work-
shops to familiarise MPs with their vital
mandates and their scope, as well as the
limits which apply to distinguish execu-
tive authority from oversight functions.
I stated from the outset that this Tenth
Parliament has made significant contribu-
tions to the reform process. We in govern-
ment want to work even more closely
with Parliamentarians in order to address
the many obstacles that hinder faster and
sustainable economic growth.
Corruption is a scourge that gripped
this country for too long. We have made
serious inroads in fighting it. To slay this
dragon, both our institutions need to work
closely together. But we will only succeed
in our august goal if we respect each
other’s rights and responsibilities as laid
down in the law.
This is an abridged
version of a speech by Rt.
Hon Raila Odinga dur-
ing a National Assembly
Workshop on the Working
Partnership between the
Executive and the Legisla-
ture at Safari Park Hotel,
Nairobi
 SEPARATION OF POWERS

HALLMARK OF
DEMOCRACY

“The accumulation of all

powers, legislative, ex-
ecutive and judiciary, in the
same hands, whether of
one, a few, or many, and
whether hereditary, self-
appointed or elective, may
justly be pronounced the
very definition of tyranny.”
James Madison

Hon. Kenneth Marande

By Hon. Kenneth Marende

The quote from James Madison above
aptly covers the inherent need and ap-
plication of separation and checking of
powers. Our theme today is improved
partnership between the Legislature
and Executive and this is also our aim.
This workshop is being held against the
backdrop of increased public scrutiny of
the partnership between the Legislature
and the Executive. Similarly, it has come
at an opportune moment when the draft
Constitution has just been released to the
public. Consequently, the relationship be-
tween the Legislature and the Executive
is set to remain under intense scrutiny as
the People of Kenya move towards defin-
ing the territory of both the Legislature
and the Executive and their interface with

45 KENYA PARLIAMENT Magazine

each other through the draft constitution.
One of the critical objects of the
Constitution review process, as has been
captured in section 4 (b) of the Constitu-
tion of Kenya Review Act, 2008, is to
recognize and demarcate divisions of
responsibility among the various State
organs including the Executive, the Leg-
islature and the Judiciary so as to create
checks and balances between the two
organs and to ensure accountability of the
Government and its officers to the people
of Kenya.
In “The Spirit of the Laws”, (Mon-
tesquieu), the doctrine of Separation
of Powers, in its basic form, divides the
institutions of Government into three
branches, to wit, legislative, executive and
judicial, each branch’s separate roles and
interdependence helps keep the others
from exceeding their power, thus ensuring
the rule of law and protecting individual
rights.
The doctrine presupposes the following
forms of separation:
1. a separation of institutions which may
entail overlapping membership; and
2. a separation of functions, where
each institution executes the function for
which it is designed.
In practice, however, these are not
mutually exclusive options. Any system of
separation of powers of necessity involves
a measure of both. In this regard, O. Hood
Phillips and Paul Jackson, in their book,
Constitutional and Administrative Law,
state as follows:
“A complete separation of powers, in
the sense of a distribution of the three
functions of government among three
independent sets of organs with no
overlapping or co-ordination, would (even
if theoretically possible) bring government
to a standstill. What the doctrine must
be taken to advocate is the prevention of
tyranny by the conferment of too much
power on any one person or body, and
the check of one power by another.”
Separation of powers has the objective
of prevention of abuse of public power
through concentration of power and en-
hancing efficiency of Government. Con-
temporary theory and practice advocates
for an interactive, symbiotic approach
in which the three arms work in concert
towards attainment of a common objec-
tive. Consequently, the line between the
Executive and the Legislature is in many
instances, blurred. For instance, members
of the Executive are first and foremost
members of the Legislature and if they
lose their legislative mandate, they would
KENYA PARLIAMENT Magazine 46
invariably lose their executive mandate.
This interlinked relationship is not unique
to Kenya. In the US, the think tanks
behind the Constitution wanted strong
executive and legislative branches. Several
key functions are shared: Presidential ap-
pointments are subject to the approval of
Congress; Congress passes legislation, but
the President signs it into law; the Execu-
tive negotiates treaties, but the treaties
are subject to approval by Congress; and
Congress declares war, but the President
can initiate military action. The President
has the power to veto legislation. Con-
gress, in turn, may override a Presidential
veto with a vote by two-thirds majority of
both houses. Congress must approve the
executive budget, and Congress has the
power to impeach all nonmilitary mem-
bers of the Executive branch, including
the President.
In India, the President is indirectly
elected by the Central and the State
legislatures, while the Governor of a state
is appointed by the President. The Prime
Minister and the Council of Ministers
are members of the legislature who are
appointed to their office by the President,
provided they enjoy the support of the
majority of the members of the legisla-
ture. The Chief Minister and the Council
of Ministers of the States are appointed
by the Governor on the same principle.
Despite the dual membership of a section
of the Executive in the Legislature, one
cannot conclude that the principle of
separation of powers does not apply to
the relationship between the Executive
and the Legislature.
It follows that, in the interaction
between the Legislature and the Execu-
tive, there may be instances when the
relationship between the two is strained.
Such instances could be a result of the
perception by the Legislature that the
Executive is taking its role for granted.
This may occur where the resolutions
passed by the Legislature and meant for
implementation by the Executive actually
fail, or take too long to be implemented.
It could also be as a result of the percep-
tion by the Executive that the Legislature
is overbearing and intruding unnecessar-
ily into the mandate of the Executive. This
is particularly the case when the Legisla-
ture, in discharging its oversight role, calls
upon the Executive to account;
There is, therefore, a need for bet-
ter understanding between the arms
of Government. The Executive should
always endeavour to confine itself within
the law in the discharge of its mandate,
and the Legislature should not at any
given time seek to substitute the wisdom
of the Executive with that of its own.
Similarly, the Executive should not regard
the Legislature as a nuisance nor should
it expect the Legislature to deal with the
shortcomings of the Executive.
The two arms should be conscious of
the fact that they are charged with the
noble responsibility of conducting public
affairs and that to be productive there
is bound to be convergence of their
respective mandates: the Legislature will
always be seized of the oversight role
over the Executive and shall always call
certain acts of the Executive into ques-
tion. Similarly, the Legislature should
always be cognizant of the fact that the
Executive has the primary duty of execu-
tion, implementing resolutions passed by
the Legislature. It follows that disputes are
bound to occur between the two, and this
is where the role of the Judiciary vis-à-
vis the other two arms becomes relevant
as the Judiciary is called upon and is as
a matter of act expected to intervene
in the event of disputes occurring in the
interaction between the two other organs
of governance.
The intervention of the Judiciary should,
however, not extend to calling into ques-
tion proceedings of the Legislature in the
exercise of its constitutional mandate.
The Judiciary cannot and indeed should
not make an attempt, to stop such pro-
ceedings but can be called upon to deal
with the results of the proceedings.
Having recognized the symbiotic nature
of the relationship between the Legisla-
ture and the Executive, there is a continu-
ous need to enhance this relationship for
the mutual benefit of the two arms. This
would entail, firstly, a proper understand-
ing and appreciation of the mandate of
each of these arms; secondly, improving
the rank and competence of the Leg-
islature which will improve the way the
Legislature engages with the Executive;
and, thirdly, mutual respect of the Consti-
tutional competence of each arm.
This is an abridged version of
the speech by the Speaker of
the National Assembly during a
workshop on “Improved Part-
nership Between the legislature
and the Executive held on
November 7, 2009.
SPORTING FOR
EMPOWERMENT
Law-making, representation and oversight
over the Executive is not the only domain
of MPs.
They have another cap — where they
associate and interact with the society in
various capacities so as to educate, inform
and motivate targeted persons.
This is a pointer that MPs have very impor-
tant roles to undertake away from Parlia-
ment and their respective constituencies.
This was evident recently when Bunge FC
played several friendly matches in Nairobi,
Mombasa, Kitale and Budalang’i.
The team also represented Kenya in the
East African Community Cup in Arusha,
Tanzania, where it came third.
Bunge FC also played against Cabinet Min-
isters and when they hosted a charity based
organization from the Czech Republic in a
match at Mathare Youth Sports Association.
The lawmakers mingled freely with the
youth and wananchi and exchanged ideas
on the best way to unite and develop the
country.
They went further to engage prisoners
from Shimo La Tewa not only to a football
match but also encouraged them to change
their ways and be better citizens.
The lawmakers were applauded by the
inmates and the wardens for their ef-
forts towards fast tracking prison reforms.
Speaker after speaker noted the work being
done by the Committee on Administration
and National Security, the Ministry for Home
Affairs and Office of the Vice President with
the support of Members of Parliament.
The MPs through their leader Ekwe Ethuro,
encouraged the prisoners to change their
ways and aspire to be future reliable leaders.
The team members included Hon. Ethuro,
Hon. Joseph Lekuton, Hon. Jakoyo Midiwo,
BY Leonard Nyapere
Hon. Kioko Munyaka (captain), Hon. Charles
Nyamai, Hon. Ababu Namwamba, Hon.
Kambi Kazungu, Hon. Elijah Langat and
Silvester Ochola (coach), Stephen Mutungi
and Leonard Nyapere, among others.
To live by example in order to encourage
their constituents engage in sporting activi-
ties, Bunge FC is making it real through the
support and sponsorship of the Parliamen-
tary Service Commission, which believes in
ensuring that physical fitness is basic and
essential for the members both in body and
mind.
During their brief visit to the prison, the
legislators challenged the law breakers to
embrace good citizenry values so as to be
accepted back to society.
They also challenged local celebrities to
learn from AMFORA celebrities’ goals and
objectives, and be reminded that their po-
tential is enormous. Indeed through their in-
fluence, which can be nurtured further and
emulated by the young ones, the gesture
can be used to make this country a better
place now and in future.
The lawmakers mingled
freely with the youth and
wananchi and exchanged
ideas on the best way
to unite and develop the
country.
Bunge FC captain Hon Victor Munyaka, MP,
47 KENYA PARLIAMENT Magazine
 Above: Bunge FC Official (Hon
Ababu Namwamba, MP, presenting
the a sports kit and trophy to the
Bunge FC patron the Speaker, Hon
Kenneth Marende, EGH, MP, and
the Clerk of the National Assembly
Mr. Patrick G Gichohi, CBS, in
Speaker’s office.

Left: Bunge FC at Sheikh Abeid

Karume Stadium, Arusha, Tanzania
during the East Africa Commu-
nity 10th Anniversary celebrations
football tournament in 2009

Leonard Nyapere is a Public Relations

and Protocol Assistant

KENYA PARLIAMENT Magazine 48

 Notice Board House Sittings Moves to Old Chamber
Parliament will be holding its sittings in the Old Chamber for the next one year. This
was after the New Chamber was handed over to the contractor for renovations.
New Staff
The first group was 20 Clerk Assistants and 3
Four 10th Parliamentarians Lose their Seats due to electoral petitions.
Research officers who reported in 1st December
The MP for Makandara Hon. Dick Wathika was the last MP to lose his seat weeks
2009. Their reporting will come in handy after
after joint Government Chief Whip Hon. George Thuo’s election as Juja MP was
the increase in committees without commensurate
nullified by Justice Luka Kimaru citing irregularities by the defunct Electoral Commis-
increase in staff left the staff in the Clerk’s Chambers
sion of Kenya (ECK) during the election. Other MPs who had lost their seats due to
extremely strained with work. The second group of
petitions were Hon. Joel Onyancha of Bamachoge, Hon. Omingo Magara of South
37 Office Attendants reported on 1st March 2010 and
Mugirango and Hon. Chirau Ali Mwakwere of Matuga. Apart from Bamachoge where
were immediately inducted into the Parliamentary
Hon. Onyancha lost during the ensuing by-elections, all the other seats are still wait-
Service. They will be serving in various offices of the
ing to hold their by-elections while Hon. George Thuo has filed an appeal against the
National Assembly.
court’s ruling.
Budget 2010/2011
In the countdown to the 2010/2011, the Budget
Policy Statement was laid on the table of the House
on Tuesday, 23rrd March 2010 by the Minister of Fi-
nance. The Budget Committee, after working with De-
partmental Committees, laid its report on the Budget
Policy Statement on 13th April 2010.

House in First 2010 Recess

Parliament adjourned its sitting Thursday 15th
April, 2010 until Tuesday 8th June, 2010. This will be
a week before the 2010-2011 Budget Speech. The
adjournment motion came immediately after MPs
unanimously endorsed the supplementary Budget.

“
DID YOU KNOW?
When the people fear Milestones of the 10th Parliament
10TH PARLIAMENT – PROACTIVE AND EFFECTIVE

their government, there is

COMMITTEE OVERSIGHT AND INVESTIGATIONS
tyranny; when the govern- ● THE MULTI-BILLION TRITON OIL SCANDAL
ment fears the people, ● THE MULTI-MILLION MAIZE SCANDAL
there is liberty.- ● THE GRAND REGENCY SCANDAL
T. Jefferson ● THE CEMETERY LAND SCANDAL

Compiled by Njenga Njuguna “KEEPING CHECK ON THE EXECUTIVE”

● PARLIAMENT STOPS THE RE-APPOINTMENT OF KACC- DIRECTORS

QUOTES
● PARLIAMENT RAISES THE RED FLAG ON THE APPOINTMENT OF
KAA MANAGING DIRECTOR
● PARLIAMENT DISSOLVES ECK
● PARLIAMENT CREATES IIEC

“T
here is some scandal and dis-
comfort, but infinite advantage, MAKING NEW LAWS
in having every affair of admin- ● CONSTITUTION OF KENYA AMENDMENT BILL 2008
istration subjected to the test of constant ● NATIONAL ACCORD AND RECONCILIATION BILL 2008
examination on the part of the assembly ● INTERNATIONAL CRIMES BILL 2008
which represents the nation ... Quite as ● TRUTH , JUSTICE AND RECONCILITION BILL 2008
important as legislation is the vigilant of ● ANTI-COUNTERFEIT BILL 2008
administration.” President Woodrow Wilson ● NATIONAL COHESION AND INTERGRATION BILL 2008
of the United States of America (1885); ● BIOSAFETY AMMENDMENT BILL 2008
● SACCO SOCIETIES BILL 2008

C
riticism may not be agreeable, but ● CRIMINAL PROCEDURE CODE BILL 2008
it is necessary. It calls attention to
an unhealthy state of things-Win-
ston Churchill- British Statesman;
Parliament has passed many pieces of legislation and performed its oversight

I
think myself that we have more machin- role with tangible results. Many scandals are being investigated by committees.
ery of government than is necessary,
too many parasites living on the labor
of the industrious-T Jefferson. (Back then!)

49 KENYA PARLIAMENT Magazine

 Book
Review By Anne Musandu
The moment a Member of Parliament
(MP) is sworn in, it is straight to work and
there is no time to slowly learn the strings
of the job and eventually gain the impetus
to carry out the multiple responsibilities
expected of them. An MP is expected
albeit erroneously to instinctively fit into
various moulds, each representing a spe-
cific role. One of these is the major role of
an MP as a member of a parliamentary
committee. The public is the employer
and the employer is ‘always right’. Their
expectations must be satisfied regardless.
However, MPs need guidance to carry out
their legislative roles effectively.
The multifarious nature of parliamentary
business makes it extremely unique. Its
business is conducted within the con-
text of specific statutes that cannot be
compromised. Therefore, the input and
guidance of an expert in parliamentary
business is priceless.
Subsequently, in May 2009, the Clerk
of the National Assembly, Mr. Patrick G.
Gichohi, CBS, authored and launched the
revised, 2nd edition of the guide book:
‘EFFECTIVE PARLIAMENTARY COMMITTEE
MEMBERSHIP: A Guide for Members of
Parliament’. Although the Clerk refuses
to take individual credit for the Guide’s
production, his contribution based on his
expertise after serving as a Parliamentary
Clerk for 30 years is evident.
The book gives guidance on how to be
effective as a parliamentary committee
member. Among other features, the book
provides basic guidelines for committee
chairpersons. A committee chairperson’s
competence and effectiveness in more
ways than one influences whether the
committee will unreservedly fulfill its man-
date as stipulated in the Standing Orders
KENYA PARLIAMENT Magazine 50
EFFECTIVE PARLIAMENTARY COMMITTEE MEMBERSHIP
or not. It is obvious that an uncommitted
and uninspiring soccer coach spells doom
for even the most enthusiastic team of
talented players. Such is the impact of
effective committee leadership on its
members.
The Guide begins by giving an introduc-
tion to the parliamentary committee
system underscoring the fact that these
committees are units within the legis-
lature that facilitate groups of MPs to
review policies or proposed bills more
closely than would be practical for the
entire House. The roles of parliamentary
committees are clearly spelt out, includ-
ing that they are an avenue through
which Parliament, in a structured manner,
handles its roles, goals and functions.
In addition, it emphasizes the key role
of parliamentary oversight of govern-
ment activities through its committees.
The Guide is divided into six parts, each
addressing specific aspects that are core
in enabling parliamentary committees to
achieve their goals.
The first part is an introduction to the
parliamentary committee system. A lot
has been said and written about parlia-
mentary committees. However, I dare say
that not too many Kenyans can quite
define them or are fully aware of their
mandates or what particular issues are
referred to them.
The second part dissects committee
meetings being the fora in which com-
mittee business is transacted. The author
comprehensively covers matters relat-
ing to committee agenda, proceedings,
order of business, the impetus to achieve
objectives of committee meetings etc. It
is noteworthy that meetings are not the
reserve of MPs constituting the member-
ship of committees but also opens doors
to input from you, the public, through
public hearings that inevitably enrich and
consolidate the output of committees.
Each committee member has a responsi-
bility to be effective under the guidance
of a fair and yet at the same time au-
thoritative Chair and an equally effective
committee secretariat. The three parties
working in tandem can achieve high levels
of productivity to realize the agenda of
the House.
Part three thus deals with the attributes
of an effective member and those of the
ineffectual member. It also elucidates on
specific responsibilities of the Chair as
well as those of the committee secre-
tariat.
It leads on to part four, which is likely to
arouse your interest as the author delves
into the fundamentals of parliamentary
committee enquiries. Why should this stir
up the public? Because it is within this
context that the public’s input is mainly
sought as witnesses to various issues at
hand. Yes, your contribution as a Kenyan
is invaluable depending on the subject
under consideration. A committee’s work
can never be quite concluded without it.
The subsequent sections offer a plethora
of excellent information on the Parliamen-
tary System in Kenya. It makes for inter-
esting, informative and valuable reading!
The book is available in
bookshops
51 KENYA PARLIAMENT Magazine
KENYA PARLIAMENT Magazine