SAM’S SENSE: MPs - Represent the people, not the Executive!

Over the last few weeks, National Assembly’s Finance Committee has been involved in public hearings for six bills; proposals to reform the taxation, business and public finance sectors. A few Kenyans and institutions have had the opportunity to be heard by the MPs, hoping that their views will be taken into consideration.

This is the second time this year for the Finance and Planning Committee to go round the country, taking views and submissions. We were here during the Finance Bill 2024 public hearings, days before the eruption of June 25th, the day that changed the country’s history.

However, at the start this time, there were questions raised as to how the committee settled on just six counties for public hearings. They were Isiolo, Bungoma, Mombasa, Siaya, Taita Taveta and Kericho counties.

Yet, here we are. And soon the Finance and Planning committee will be ready with a report from its hearings to the National Assembly. A report that members are expected to consider as they determine the fate of all the proposed amendments.

And this report or reports will be coming in at a time that the Supreme Court has recently ruled that Parliament is not obligated to restrict itself to the views of the people. That MPs are not required to give a report to the people about their proposals or to even explain why their views were accepted or rejected.

But the Supreme Court found that Parliament ought to put in place reasonable measures to ensure it considers and treats the proposals, views, suggestions, and comments received during such an exercise, as a matter of good practice.

Now, the National Treasury hopes that Parliament will conclude considering those bills before proceeding on long Christmas recess on Thursday next week. Meaning, as things stand, Members of the National Assembly have only three days to logically consider the bills as will be moved by the Finance and Planning committee. That is, Tuesday, Wednesday and Thursday next week.

And so I ask, are the Members of Parliament adequately informed to make the right decision on those bills? But, what does the right decision mean?

You see, over the last two years, “right decision” has not been an absolute destination. It depends on whom you ask.

If you asked a Kenya Kwanza allied MP what the right decision was on the morning of June 25th, as Parliament voted on the Finance Bill 2024, they would have told you it was voting in support of the Bill, and by extension, supporting the President in his mission.

If on the same day you asked an MP affiliated to Azimio la Umoja One Kenya coalition; the right decision was to reject the same bill in totality. And now, so much has changed. Two sides that saw things differently are now in agreement. An MP who rejected that Bill is now a Cabinet Secretary, proposing new tax measures in another Bill.

This then is a call to the Members of Parliament. You have so little time remaining to study the proposed amendments, to understand them, to read the report of the committee, to make up your mind to either propose further amendments to the bills as presented or just do the right thing. What will be the right thing for you?

May I then, humbly remind our honorable members that the National Assembly as per Article 95(1), “represents the people of the constituencies and special interests in the National Assembly. Notice, represents the people; NOT THE EXECUTIVE, NOT THE PRESIDENT.

Sub article 2 goes further: That the National Assembly deliberates on and resolves issues of concern to the people. NOT THE EXECUTIVE, NOT THE NATIONAL TREASURY, NOT THE PRESIDENT.

Yet, Parliament is so powerful that no other body has the power to make provision having force of law in Kenya except under authority conferred by this Constitution or by legislation. Even then, such allowing legislation would have to be passed by Parliament.

Here then is best wishes to the members of the National Assembly as they represent the interests of the people in enacting six legislations in three days next week.

The only Sense, is to stay true to your oath of office, to honour those that elected you, those that you represent.

That’s my Sense tonight.