House of shame. Crucial business stalls over quorum hitches
Members of Parliament at the National Assembly during the impeachment motion against Deputy President Rigathi Gachagua on October 8, 2024.
What you need to know:
- In some instances, the House has had to adjourn prematurely because of the quorum issues.
- When the House adjourned on Wednesday last week, there were barely 20 members in the House.
That quorum hitches in the National Assembly have now become a common occurrence making it difficult for the House to transact its business is no longer unique.
The hitches, usually at the beginning of every sitting, have become so typical that no business can be transacted without a quorum bell being rang to whip the members into the debating chamber.
In some instances, the House has had to adjourn prematurely because of the quorum issues.
One such incident was on Wednesday last week when the House failed to raise the required numbers to transact business effectively stalling the processing of 14 motions and four members’ private Bills.
The quorum hitch came just hours after the House raised 326 MPs of the 349 members minus the four vacant slots to impeach Deputy President Rigathi Gachagua.
However, on Wednesday morning the House was forced to adjourn prematurely after failing to raise the required numbers to transact business lined up for the day.
Not even the quorum bell that rang for 15 minutes as directed by Deputy Speaker Gladys Shollei (Uasin Gishu County Woman MP) to alert members of the insufficient numbers in the House, yielded anything.
“There being no quorum, the House stands adjourned until 2:30 pm today,” directed Ms Boss as the House suspended the morning sitting.
Article 121 of the constitution states that the quorum of Parliament shall be 50 MPs in the case of the National Assembly or15 members in the case of the Senate.
On November 21, 2023, Speaker of the National Assembly Moses Wetang’ula openly expressed frustrations after he was humbled in the chair waiting for members to stream in the debating chamber for the House to start its business.
Mr Wetang'ula, having had enough of the hitches, turned the heat on the office of the House leader of majority.
“Leader of the Majority Party, what happened to our covenant on quorum? I do not see any of the Chief Whips from either side!” said Wetang’ula.
“You assured the House as an Office that at the beginning of every sitting, all chairpersons of committees must be in the House because their numbers alone constitute a quorum. We have more than enough members when you add the vice-chairpersons. What happened?” posed the Speaker.
The Speaker demanded that the Leader of Majority reassures the House of “that commitment.”
“It is very unkind to allow the Speaker to come and sit here helplessly as we continue ringing the quorum Bell when we have enough members to whip themselves to be in the House, even without being whipped,” a seemingly frustrated Speaker said.
When the House adjourned on Wednesday last week, there were barely 20 members in the House.
The MPs conduct their business in parliament and their failure to show up to do what they were elected by Kenyans to do, could be an indication that they don’t take their work seriously.
The latest quorum hitch could be an indication that what affects the people is the least of the MPs’ concerns.
The House’s Wednesday morning sittings are always reserved for debate on business not sponsored by the leader of majority, his minority colleague or business sponsored by a committee.
This basically means that the sitting is reserved for private members’ Bills and motions.
In the event the leader of majority and minority or committees of the House have matters to be transacted during the morning sitting of Wednesday, the Speaker may grant an exemption.
The Bills that had been lined up for consideration by the House on Wednesday include the Kenya Information Communications (Amendment) Bill 2022 by Gem MP Elisha Odhiambo, Community Health Workers Bill 2022 by Martin Owino (Ndhiwa), the Higher Education Loans Board (Amendment) 2022 by Machakos County Woman Representative Joy Kamene.
There was also the Parliamentary Powers And Privileges (Amendment) Bill 2023 by Bumula MP Jack Wamboka.
The 14 motions that had been lined up for debate include a motion to support and promote local fertilizer manufacturers in the country by Alego Usonga MP Samuel Atandi, which seeks a regularization of fertilizer importation in the country.
There was also the national sensitization and support for combating sickle cell and hemophilia disease in the country by Matungu MP Peter Nabulindo.
The motion wants the national government and county governments to conduct awareness and sensitization programmes on the two diseases.
It also wants the government to support research and training for medical personnel on the diseases and put measures in place for the mandatory screening of newborn babies in all public health facilities in the country to create databases to guide funding and reduce infant mortalities.
Previously, the House has failed to pass critical matters for lack of quorum.
The enactment of the elusive Two-Thirds Gender rule is one such law that has not been enacted for the last 10 years despite many attempts and court orders as well as Supreme Court advisories.
For instance, on September 21, 2020, the immediate former Chief Justice David Maraga advised then President Uhuru Kenyatta to dissolve parliament over its failure to enact the Two-Thirds Gender Rule Bill.
There have been many attempts to enact the Bill to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender.
However, on three occasions the Bills found itself on the floor of the House, it failed to go beyond the second reading stage for lack of quorum.
Being a constitutional amendment Bill, it requires the support of at least 233 members in the National Assembly, which is two-third of the 349-member House to proceed to the next level.
The MPs were also set to consider motions on the provision of appropriate access to markets in the country by Kericho Woman Representative Beatrice Kemei and the establishment of a science museum by Dagoretti South MP John Kiarie.
Also lined up for debate by the MPs was the motion on government-to-government (G2G) model to acquire and supply fertilizers to farmers at subsidized cost by Mbeere MP Geoffrey Ruku.
There is development of measures to mitigate digital exclusion by Aldai MP Marianne Kitany, establishment of a national policy to combat disrespectful childbirth practices in Kenya by Githunguri MP Gathoni Wamuchomba.
Further, the House was to consider the motion on the formulation of a land use policy and built development by Westlands MP Timothy Wanyonyi, formulation of a regulatory framework on artificial intelligence in the country by the Aldai MP.
The other motions are review of the eligibility age for enrolment of older members of society to the inua jamii cash transfer programme by Kabchai MP Majimbo Kalasinga, formulation of a reward scheme for accomplishments by sports persons in international competitions by Mwingi West MP Charles Ngusya.
There was also the expansion of major roads in the country to dual carriageways by Nyandarua County Woman Representative Faith Gitau.
The introduction of mandatory community service to all learners upon completion of secondary school education by Starehe MP Amos Mwago and comprehensive reform of education bursary schemes to ensure free basic education in Kenya.
