The Independence of Parliament in Kenya

Author: Bramuel Masika

In Kenya there are three arms of government; the executive, the legislature and the judiciary. 

This article seeks to expound more on the independence of the legislature. 

The legislature performs the role of making and amending laws including the constitution, however in the case of the constitution if the matters touch on: the supremacy of the constitution, the bill of rights, the functions of parliament the independence of the constitution or any matter touching on the matter provided under Article 255 then there must be a referendum. 

The legislature comprises of two houses, these are; the National assembly and the senate. Members of the national assembly represent people from their constituents in law making. The role of the national assembly include: Overseeing the performance of the president, the deputy president and other state officers, It also determines revenue allocation and appropriates fund for expenditure by the national government and state organs. 

The senate on the other hand performs the following functions: Deliberating on the bills that affect counties if passed into laws, determining revenue allocation in county government and performing oversight roles of state officers. In order to perform its functions effectively parliament has to operate independently in order to protect the interest of the people, however, the question is whether Parliament really operates independently? 

In Kenya members of parliament are voted in either through political parties or as independent candidates, majority of the members of parliament are voted in through political parties. In most instances members of parliament and swayed to vote for bills so as to proof their loyalty to their political parties. 

A good example is the voting in of the speakers of both houses after the general elections in 2022. Members voted for candidates who were handpicked by their political parties. 

Another example is the finance act 2023 where The President openly stated that he would follow up on members of parliament from his political party who failed to vote for the finance act. Members of the ruling party were not the only once facing this challenge as the opposition party required its members to vote against the finance act or face the party disciplinary committee. 

This clearly shows that even though the constitution provides that parliament is an independent arm of Government, members of parliament are at times not given the liberty to make their own decisions. 

There is therefore a need to limit the powers of political parties so as to enable parliament to enjoy its full independence just like the executive and the Judiciary.